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  • A in good faith, for his daughter’s benefit without her consent, has consented for transplantation,

A in good faith, for his daughter’s benefit without her consent, has consented for transplantation, knowing it to be likely to cause death in the process, but not intended to cause her death. Discuss the liability of A.

Option: 1

A will not be liable for murder.


Option: 2

A will be liable for murder of his daughter.


Option: 3

A will not be liable as he can claim the defence of consent under section 89 of IPC.


Option: 4

None of the above.


Answers (1)

Section 89 of IPC deals with children below 12 years of age and persons of unsound mind and hence, they do not have the legal capacity to give consent as they are incapable of understanding the nature and consequence of their act. Hence, the consent on their behalf is given by guardians or persons legally in charge of them. In the present case, A will be given the defence of section 89, since his objective was to cure her daughter. Hence, the correct option is c.

Posted by

Kshitij

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