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A doctor takes due care in assessing a patient’s terminal illness and tells the patient the prognosis…

Section 31 protects communications made in good faith for the benefit of the person receiving them. Its illustration describes a surgeon whose patient dies from the shock of…

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A doctor takes due care in assessing a patient’s terminal illness and tells the patient the prognosis so the patient can put family affairs in order. The patient dies from the shock of hearing it. Under the Bharatiya Nyaya Sanhita, 2023, how does the general exception for communications apply?

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Answer and explanation

Correct answer B

Section 31 protects communications made in good faith for the benefit of the person receiving them. Its illustration describes a surgeon whose patient dies from the shock of a prognosis. The exception applies because the communication was made with due care for the patient’s benefit.

Option feedback

Option A

Death following a communication does not defeat the exception for a communication made in good faith for the recipient’s benefit.

Option B

Due care and the purpose of benefiting the patient support the section 31 exception.

Option C

The facts show due care. The resulting shock does not by itself establish criminal negligence.

Option D

A distressing prognosis alone does not establish the mental element of culpable homicide.

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