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A, in good faith and for his child's benefit, without the child's consent, has his child cut for the…

Section 27 of the BNS protects an act done in good faith for the benefit of a child under twelve by or with the consent of the guardian. Its proviso withdraws protection for…

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A, in good faith and for his child's benefit, without the child's consent, has his child cut for the stone by a surgeon. A knows it to be likely that the operation will cause the child's death, but does not intend to cause death; his object is to cure the child. Is A protected?

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Correct answer B

Section 27 of the BNS protects an act done in good faith for the benefit of a child under twelve by or with the consent of the guardian. Its proviso withdraws protection for acts known to be likely to cause death only when done for a purpose other than preventing death or grievous hurt or curing a grievous disease or infirmity; A's object was cure, so the illustration says A "is within the exception". The child's own consent is not needed, and protection does not depend on the outcome.

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