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.