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IPC Section 88: Act not intended to cause death, done by consent in good faith for person's benefit

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eMediNexus    22 February 2023

Nothing which is not intended to cause death is an offense by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

 

This section points towards the importance of acting in good faith and with informed consent of the patient. A surgeon may need to perform a surgery and informs the patient that the surgery is associated with high-risk, even death, yet the patient gives consent. Now, if the patient dies during the procedure, the surgeon cannot be held liable.  

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