Question

A’ for the sake of ‘B’, his insane son gives consent for an open heart surgery (which tho surgeon informs is essential to save ‘B’s life), knowing that the operation will likely cause the death of ‘B’ but not intending so. ‘A’ falls within the general exception provided in:

A’ for the sake of ‘B’, his insane son gives consent for an open heart surgery (which tho surgeon informs is essential to save ‘B’s life), knowing that the operation will likely cause the death of ‘B’ but not intending so. ‘A’ falls within the general exception provided in:

.

Option A: Section 86 IPC
Option B: Section 87 IPC
Option C: Section 88 IPC
Option D: Section 89 IPC

Correct Answer

Option: d

Explanation

Act done in good faith for benefit of child or insane person, by or by consent of guardian.— Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence 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 that person: Provided— Provisos. First.—That this exception shall not extend to the intentional causing of death, or to the attempting to cause death; Secondly.—That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; Thirdly.—That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity; Fourthly.—That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend

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