B while bleeding profusely goes to A, a surgeon, and there loses consciousness. Thereupon A immediately performs an operation upon him thinking that it will bring him back to consciousness. But B dies immediately after the operation. Has A committed any offense? Give reasons in support of your answer.

Question: B while bleeding profusely goes to A, a surgeon, and there loses consciousness. Thereupon A immediately performs an operation upon him thinking that it will bring him back to consciousness. But B dies immediately after the operation. Has A committed any offense? Give reasons in support of your answer. [U.P.J. 1991]

Find the answer to the mains question only on Legal Bites. [B while bleeding profusely goes to A, a surgeon, and there loses consciousness. Thereupon A immediately performs an operation upon him thinking that it will bring him back to consciousness. But B dies immediately after the operation. Has A committed any offense? Give reasons in support of your answer.]

Answer

Section 92 deals with the acts done in good faith for the benefit of a person without consent. It deals with cases of emergency and the provision presumes implied consent of the party in question.

Section 92 presumes implied consent in two categories of cases –

1. when it is impossible to obtain consent because the person who could accord consent might not be available and the act (operation) is urgent; and
2. when it is not articulated or expressed.

Illustration ‘c’ of this section is important. “A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation is immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offense”.

In Kusum Sharma & Ors v. Batra Hospital &Med Research 2010, the Hon’ble Supreme Court also observed that IPC has taken care to ensure that people who act in good faith should not be punished. Sections 88, 92, and 370 of the Indian Penal Code give adequate protection to professionals and particularly medical professionals in this regard. Both Sections 88 and 92 protect the doctor against any professional liability or allegations of medical negligence, in situations when acts are done for the benefit of the patient, with or without his consent, do not have the desired outcome. These sections provide that any act done in good faith is not negligence.

Based on the above provision and observations of SC it is also clear in the present case that A has performed his duty in good faith and has committed no offense, because B was already bleeding profusely when he came to A, and given the situation A had no choice but to save his life by performing the operation. Hence, A has committed no offense.

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