Multiple choice

A village Vaidya used to successfully operate wounds with shaving blade. Victim who was suffering from piles was operated with shaving blade by the Vaidya. Due to profound bleeding, the victim died and the Vaidya was prosecuted for causing death of the victim. If you are a defence counsel under which of the following sections of the Indian Penal Code you can defend the Vaidya.

  1. Section 87

  2. Section 88

  3. Section 92

  4. None of the above

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A Correct answer
Explanation

Section 87 of IPC provides that a person who does an act with consent of another, not intending to cause death, cannot be charged if the act was known to cause harm or was so obviously dangerous that it must have caused harm. The Vaidya operated with the victim's consent (implied by seeking treatment), and though the procedure was dangerous, it was not intended to cause death. Section 88 applies to good faith acts for benefit, while Section 92 covers good faith acts for benefit without consent.