IPC Section 88
IPC Section 88: Act not Intended to Cause Death, Done by Consent in Good Faith for Person’s Benefit
Text (simplified understanding):
“Nothing which is done in good faith for the benefit of a person, without the intention to cause death, is an offense by reason of any harm it may cause, if the person has given consent. However, this does not apply to acts done with knowledge that they are likely to cause death.”
Explanation:
Purpose of Section 88:
It protects acts done in good faith for someone’s benefit, even if they cause harm, as long as there’s consent and no intention to kill.
This is often used in medical treatment or surgical procedures.
Key Elements of Section 88:
(a) Act done in good faith
The person performing the act must honestly believe it is for the benefit of the other person.
Example: A doctor performing surgery to save life.
The act must be for the advantage or welfare of the person it affects.
Example: Vaccination to prevent disease.
The affected person must knowingly agree to the act.
Consent can be express or implied, depending on the situation.
The person performing the act must not intend to cause death.
Mistakes or unintended harm do not make it a crime, as long as there is no intent.
If the act is so dangerous that it is likely to cause death, Section 88 does not protect the person performing it.
Example: Giving a lethal injection without medical reason, even with consent.
Examples:
Medical Treatment:
A surgeon operates on a patient to remove a tumor. The patient consents. Unfortunately, the patient dies due to unforeseen complications.
Not an offense under Section 88 because it was done in good faith, for the patient’s benefit, with consent, and without intent to kill.
First Aid:
A friend gives another friend medicine to reduce fever, and it accidentally causes harm.
Protected under Section 88 if done in good faith and for benefit.
Not protected:
Giving a person poison with consent, knowing it will almost certainly kill them.
Section 88 does not apply here.
Key Points:
Section 88 is about good faith, consent, and benefit.
No intention to cause death is crucial.
Commonly applied in medical and emergency situations.
Protection is lost if the act is inherently likely to cause death.
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