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.
What is IPC Section 88 ?
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.
What is the punishment for Dhara 88 ?
The punishment for this specific offense is outlined under the law as: Depends on original offence
Is IPC 88 bailable or non-bailable?
Under the Indian Penal Code, this specific offense is classified as a Depends on original offence offense.
Is Dhara 88 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isDepends on original offence.
Which court has the jurisdiction to try IPC 88 cases?
Cases pertaining to this specific IPC section are triable by the Depends on original offence.
Can IPC Section 88 be compromised (Compoundable)?
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).
Pramod Editor-in-Chief
Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.