Act not intended to cause death, done by consent in good faith for person’s benefit
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Summary
An act not intended to cause death is not an offence if it causes harm to the person for whose benefit it is done, provided the actor acts in good faith and the person has given consent (express or implied) to suffer or to risk that harm. The protection covers medical treatment and other beneficial acts where harm may result despite honest intent. The doer must not intend death or know death is likely.
Example
Priya has a painful condition and agrees to a risky operation. Ravi, a surgeon, operates in good faith believing the operation is for Priya’s benefit and without intending her death. If the operation causes serious harm or even death, Ravi would not commit an offence under this rule because he acted in good faith with Priya’s consent.
Bare Act
Enacted textNothing, 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.
Illustration
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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