After examination of a patient, the surgeon in good faith tells the patient that he can not live and…
The facts reproduce the illustration to Section 31 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 93 IPC): a surgeon in good faith tells a patient that the patient…
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After examination of a patient, the surgeon in good faith tells the patient that he can not live and the patient dies in consequence of the shock. Which offence is committed under the Bharatiya Nyaya Sanhita, 2023?
Answer and explanation
Correct answer D
The facts reproduce the illustration to Section 31 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 93 IPC): a surgeon in good faith tells a patient that the patient cannot live, and the patient dies from shock. A communication made in good faith for the recipient’s benefit is not an offence merely because it causes harm, even where that consequence was foreseeable. On that stated illustration the surgeon commits no offence; a malicious communication would require a different analysis.
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