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CLAT Sample Paper CLAT Sample Paper-1

  • question_answer
    A surgeon knowing full well that except a miracle, nothing can save X, who is ailing from a disease. In good faith, if surgeon operated X, but as a consequence of that operation X died, then which one of the following would be correct?

    A)  A is held guilty of murder for knowing well that X will not survive

    B)  A is guilty of murder as death is the result of operation

    C)  A is not guilty because of his good faith

    D)  The matter is subjective and no proper explanation to this can be given

    Correct Answer: C

    Solution :

    According to Section 88 of Indian Penal Code, 1860, in this surgeon is guilty because knowledge about the consequence is present, but there is no intention to cause death, secondly the surgeon operated X for his (X) benefit and in good faith.


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