In an emergency case, if a doctor examines and treats a patient in good faith without consent when the…
Under Section 30 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 92 of the Indian Penal Code, 1860), nothing is an offence by reason of any harm which it may cause to…
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In an emergency case, if a doctor examines and treats a patient in good faith without consent when the patient is incapable of giving consent, the doctor is protected under which of the following sections?
Answer and explanation
Correct answer A
Under Section 30 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 92 of the Indian Penal Code, 1860), nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent or the person is incapable of giving consent and has no guardian or person in lawful charge from whom consent can be obtained in time. Section 26 BNS applies when an act is done with consent in good faith, while Sections 35 and 36 BNS relate to the right of private defence.
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