Act not intended to cause death, done by consent in good faith for person’s benefit is defined under section 88 of ipc. Provisions under IPC section 88 explained here:
What is Section 88 IPC:
Nothing, which is not intended to cause death, 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 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.
Illustrations:
- A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence.
COMMENTS
Consent is good defence to all offences in genral. But if once it is proved in a case of rapethat the girl in question was bellow 16 years, her consent becomes wholly irrelevant and the accused is liable for offence as if no consent were obtained; Case: Harpal Singh vs. State of Himachal pradesh, AIR 1981 SC 361.
Section 88 IPC Explanation:
This section means if a person does an act which is not intended to cause death, done in good faith and also with the consent of other person the said person doing the act will not be liable. For eg A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence.
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