‘A’ for the sake of ‘B’, his insane son gives consent for an open heart surgery (which the surgeon…
Section 27 BNS (formerly section 89 IPC) applies because A gives consent for treatment benefiting his son, who is of unsound mind. A known risk of death does not defeat this…
Choose your answer
‘A’ for the sake of ‘B’, his insane son gives consent for an open heart surgery (which the surgeon informs is essential to save ‘B’s life), knowing that the operation will likely cause the death of ‘B’, but not intending so. ‘A’ falls within the general exception provided in:
Answer and explanation
Correct answer D
Section 27 BNS (formerly section 89 IPC) applies because A gives consent for treatment benefiting his son, who is of unsound mind. A known risk of death does not defeat this exception when the act is done in good faith to prevent death or cure a grievous disease, without any intention to cause death. The guardian-consent setting distinguishes this provision from section 26 BNS, which concerns consent given by the person receiving the benefit.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Delhi Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision