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.
Section history
Section 88 — Act not intended to cause death done by consent in good faith for the benefit of a person
As in force on 1 July 2020.
Timeline 3 versions
- 30 March 1987 Enacted
- 30 November 2008 Revised edition
- 1 July 2020 You are here
- 17 August 2026 Latest
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.
[Indian PC 1860, s. 88]