Act not intended to cause death, done by consent in good faith for person’s benefit
AI Assist
Summary
An act not intended to cause death is not an offence if it is done in good faith for a person’s benefit and the person has consented to suffer the harm or take the risk. This applies even when the act may cause or be likely to cause death, provided the doer did not intend death. Consent may be express or implied.
Example
Priya, a surgeon, knows an operation may cause Rohan's death but does not intend that result. She operates in good faith to relieve his suffering and Rohan consents to the risk. Priya commits no offence under this rule.
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.
Illustrations
(1) 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.
Previous year papers
Pick your exam. we'll email the most recent paper.