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A surgeon tells a patient in good faith and for the patient's benefit that the patient cannot survive.…

Section 31 protects a communication made in good faith for the recipient's benefit from criminal liability by reason of harm to that recipient. The illustration applies the…

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A surgeon tells a patient in good faith and for the patient's benefit that the patient cannot survive. The patient dies from the shock of hearing the prognosis. What is the surgeon's criminal liability for the communication under section 31 of the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer C

Section 31 protects a communication made in good faith for the recipient's benefit from criminal liability by reason of harm to that recipient. The illustration applies the rule to a surgeon's prognosis that causes fatal shock.

Option feedback

Option A

The statutory exception covers the communication, so the patient's death does not make it culpable homicide on these facts.

Option B

The statutory illustration treats the fatal shock as protected harm from the good-faith communication.

Option C

The communication was made in good faith for the benefit of the person who received it.

Option D

The provision turns on good faith and the recipient's benefit.

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