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
Illustration
A, 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.
IPC Section 88: Simplified Explanation
IPC Section 88 of the Indian Penal Code (IPC) provides a safeguard for individuals performing acts that, although not intended to cause death, are done with consent and in good faith for the benefit of another person. This section is crucial in contexts where actions undertaken for someone’s benefit involve a risk of harm but where that risk is understood, consented to, and deemed necessary or beneficial.
Critical Aspects of IPC Section 88
- Good Faith and Consent: The essence of Section 88 is that any act done in good faith for a person’s benefit, with their consent, does not amount to an offence—even if it causes harm—provided there is no intention to cause death. “good faith” here implies actions taken with honest intent and without negligence or recklessness.
- Scope of Consent: The person on whom the act is done must have given consent, either expressly or impliedly. This consent must be informed, meaning the person understands the act’s nature and its potential risks and benefits.
- Beneficial Intent: The act must benefit the person consenting to it. This could cover many scenarios, including medical procedures, emergency interventions, and other necessary actions for the individual’s health or well-being.
- Exclusion of Intentional Death: This provision explicitly excludes acts intended to cause death. The protection offered by Section 88 applies only to those acts where death is neither the aim nor a likely outcome envisioned by the person performing the act.
