A, in good faith, for his child’s benefit without his child’s consent, got him operated for stone removal by a surgeon knowing it to be likely that the operation may cause the child’s death but not intending to cause his child’s death. Has A committed any offence? Refer legal provisions.

Question: A, in good faith, for his child’s benefit without his child’s consent, got him operated for stone removal by a surgeon knowing it to be likely that the operation may cause the child’s death but not intending to cause his child’s death. Has A committed any offence? Refer legal provisions. [U.P., A.P.O. Exam. 1997]

Find the answer to the mains question only on Legal Bites. [A, in good faith, for his child’s benefit without his child’s consent, got him operated for stone removal by a surgeon knowing it to be likely that the operation may cause the child’s death but not intending to cause his child’s death. Has A committed any offence? Refer legal provisions. [U.P., A.P.O. Exam. 1997.]

Answer

Section 89 of IPC deals with the case of consent given by guardians and person-in-charge of a child below twelve years or a person of unsound mind to the doing of an act in good faith and for the benefit of the person suffering under the disability of immature age or lunacy.

The protection of the section does not extend to in following cases:

• The doing of such an act is not either intended to cause death or attempting to cause death. If the act sought to be done is known likely to cause death or grievous hurt or for curing of grievous disease or infirmity.
• The act also must not be one of voluntarily causing grievous hurt, or attempting at the causing of grievous hurt, unless it is for the purpose of preventing death or of grievous hurt or the curing of any grievous disease or infirmity.
• Further, the doing of the act must not be abetment of any offence to the committing of which the protection under the section will not extend.

The present case is borrowed from the illustration of section 89. Here, the A has acted in good faith and for the benefit of the child. So, he is entitled to the protection of exceptions under section 89, in as much as his object was the cure of the child. Hence, in the present case A has committed no offence.

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Important Mains Questions Series for Judiciary, APO & University Exams

1. IPC Mains Questions Series Part I: Important Questions
2. IPC Mains Questions Series Part II: Important Questions
3. IPC Mains Questions Series Part III: Important Questions
4. IPC Mains Questions Series Part IV: Important Questions
5. IPC Mains Questions Series Part V: Important Questions
6. IPC Mains Questions Series Part VI: Important Questions
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8. IPC Mains Questions Series Part VIII: Important Questions
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10. IPC Mains Questions Series Part X: Important Questions