Indian Penal Code, 1860

Act not intended to cause death, done by consent in good faith for person’s benefit.—

Section

88

Punishment

Depends on original offence

Cognizable

Depends on original offence

Bailable

Depends on original offence

Compoundable

Non-Compoundable (Refer to CrPC 320 for exceptions)

Trial Court

Depends on original offence

Bare Act Text

88. Act not intended to cause death, done by consent in good faith for person’s benefit.— Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.IllustrationA, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause Z’s death and intending in good faith, Z’s benefit performs that operation on Z, with Z’s consent. A has committed no offence.
According to the official bare act, this legal offense is defined as: 88. Act not intended to cause death, done by consent in good faith for person’s benefit.— Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.IllustrationA, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause Z’s death and intending in good faith, Z’s benefit performs that operation on Z, with Z’s consent. A has committed no offence.
The punishment for this specific offense is outlined under the law as: Depends on original offence
Under the Indian Penal Code, this specific offense is classified as a Depends on original offence offense.
The legal status regarding police arrest without a warrant is that this offense isDepends on original offence.
Cases pertaining to this specific IPC section are triable by the Depends on original offence.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to CrPC 320 for exceptions).

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