| Directions: Given below is a statement of legal principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among the alternatives. |
| Principle Nothing, which is not intended to cause death, is an offece 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. |
| Facts A fake doctor operated on a man for internal piles by cutting them out with an ordinary knife. The man died of hemorrhage. |
A) Doctor is guilty of murder
B) Doctor is not guilty
C) Doctor is guilty of culpable homicide not amounting to murder
D) None of the above
Correct Answer: B
Solution :
Doctor is not guilty Section 88 lays down nothing which is not intended to cause death, man offers by reason of any harm which it may cause, or be intended by the dor to be likely to cause, or be known by the door 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.
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