A, a doctor after a full examination of a patient named B, in good faith communicates to B that he has cancer and that he cannot live long. B dies the next day in consequence of the shock caused by A’s communication. Decide the liability of A.

Question: A, a doctor after a full examination of a patient named B, in good faith communicates to B that he has cancer and that he cannot live long. B dies the next day in consequence of the shock caused by A’s communication. Decide the liability of A. [RJS. 1986]

Find the answer to the mains question only on Legal Bites. [A, a doctor after a full examination of a patient named B, in good faith communicates to B that he has cancer and that he cannot live long. B dies the next day in consequence of the shock caused by A’s communication. Decide the liability of A.]

Answer

According to Section 93 of IPC, a communication made in good faith does not constitute an offence even though it causes harm if the communication has been made for the benefit of the person to whom such communication is made.

The present proposition is the illustration borrowed from section 93. In this problem, communication made by the doctor to the patient that cannot live long because of cancer is a communication made in good faith (after a full examination of B), for the benefit of B. Thus, A, the doctor is not guilty of any offence in view of the provision contained in section 93, though the patient dies as a result of shock caused by A’s communication.

Section 93 read with its illustration, aims to protect individuals, especially medical practitioners, to communicate, to the patient in good faith and for his benefit, causing harm to the recipient. The essential ingredients of this clause are: first, it must be conveyed in good faith and, second, it must be done for the benefit of the individual it is made to.

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