What is Section 88 IPC? Act not intended to cause death, done by consent in good faith for person's benefit
Published on: Lawiz Team
Detailed explanation of Section 88 IPC: Act not intended to cause death, done by consent in good faith for person's benefit.
Official Legal Text
Nothing which is not intended to cause death is an offence by reason of any harm which it may cause to any person for whose benefit it is done in good faith, and who has given consent.
What This IPC Section Means – Explained in Simple Words
Section 88 of the Indian Penal Code protects a person who causes harm with the consent of the individual, provided the act is done in good faith for the person’s benefit.
Purpose
The purpose of Section 88 is to clarify legal immunity or liability based on age, mental state, or consent as specified in the IPC.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: No punishment if the act is done with the consent of the person, in good faith, and for their benefit.
Scope and Application
Section 88 applies in situations where the individual’s age, mental condition, or the nature of consent influences legal responsibility.
Important Legal Points
This section highlights how legal responsibility can be influenced by factors such as age, consent, or mental state.
Illustrative Example
A surgeon performs a surgery with the patient’s consent, but the patient dies. The surgeon is protected under Section 88.
Exceptions and Special Cases
Discusses any exceptions or specific scenarios where Section 88 may not apply.
Conclusion
Section 88 provides a nuanced approach to legal responsibility considering specific circumstances.
FAQs
What does Section 88 IPC define?
Act not intended to cause death, done by consent in good faith for person's benefit.
What is the legal scope of Section 88 IPC?
It defines how act not intended to cause death, done by consent in good faith for person's benefit is treated under Indian Penal Code.
When is Section 88 IPC applicable?
In cases involving act not intended to cause death, done by consent in good faith for person's benefit circumstances or actions.
Are there exceptions under Section 88 IPC?
It must be read with relevant general exceptions or contextual limitations.
Can you give an example related to Section 88 IPC?
Real case laws often refer to act not intended to cause death, done by consent in good faith for person's benefit in specific judgments.
Is Section 88 connected to any other IPC sections?
Yes, this section is often applied alongside related IPC provisions depending on the case.
How do courts interpret Section 88 IPC?
Courts interpret it in line with judicial precedent and legislative intent.