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A, who has lawful charge of his son B, a person of unsound mind, consents in good faith to surgery…

BNS section 27 applies to the stated guardian consent in good faith for a person of unsound mind. Intentional killing is excluded, but a known risk of death does not defeat…

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A, who has lawful charge of his son B, a person of unsound mind, consents in good faith to surgery essential to save B’s life. A knows death is likely but does not intend it. Which BNS provision supplies the relevant general exception?

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Answer and explanation

Correct answer D

BNS section 27 applies to the stated guardian consent in good faith for a person of unsound mind. Intentional killing is excluded, but a known risk of death does not defeat the exception where the purpose is preventing death or curing grievous disease, subject to the remaining conditions.

See section 27 of the Bharatiya Nyaya Sanhita, 2023.

Option feedback

Option A

Section 24 concerns an intoxicated person’s particular intention or knowledge.

Option B

Section 25 does not supply this exception for a guardian consenting to the stated life-saving risk.

Option C

Section 26 concerns the consenting person’s benefit; the specific guardian exception is section 27.

Option D

Section 27 addresses beneficial acts done in good faith by or with guardian consent for a person of unsound mind, subject to its provisos.

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