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eMediNexus 22 August 2021
A decision taken in good faith is not a crime. Defenses are available to the doctors under IPC sections 88, 92, 93.
The illustration along with this section is: A surgeon, knowing that a particular operation will likely cause the death of a patient, who suffers from a painful complaint, but not intending to cause death and intending in good faith, the patient’s benefit, performs that operation on the patient, with his consent. The surgeon has committed no offence.
The illustration along with this section is: Z falls from his horse, and is insensible. A, a surgeon, notes that Z needs to be trepanned. Not intending Z’s death, but in good faith, for Z’s benefit, A performs the trepan before Z recovers his power of judgement for himself. A has committed no offence.
The illustration along with this section is: A, a surgeon, in good faith, communicates his opin¬ion to a patient that he cannot live. The patient dies due to the shock. A has committed no offence, though he knew that the communication might lead to the patient’s death.
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