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'X', a person above the age of 18 years, asks 'Y' to shoot him to death as 'X' is suffering from an…

Consent does not excuse intentionally causing death, because the general consent exceptions in sections 87 and 88 of the IPC do not cover acts intended to cause death. But…

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'X', a person above the age of 18 years, asks 'Y' to shoot him to death as 'X' is suffering from an incurable disease. 'Y' is the domestic servant of 'X'. As a loyal servant, 'Y' shoots 'X' to death. In the context of the above, which one of the following statements is correct?

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Correct answer D

Consent does not excuse intentionally causing death, because the general consent exceptions in sections 87 and 88 of the IPC do not cover acts intended to cause death. But Exception 5 to section 300 reduces murder to culpable homicide where the person killed, being above eighteen, suffers death with his own consent. X was above 18 and asked to be shot, so "Y's act is culpable homicide not amounting to murder"; it is not a case of no offence.

Current law: For offences from 1 July 2024, the corresponding BNS provisions are section 101 Exception 5 and section 105. BNS section 358 preserves prior IPC liabilities and proceedings.

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