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Ipc - Problem Q

Thank you for the additional questions. I will need some time to research the relevant laws and case precedents to provide a considered response. For now, please let me know if you need a summary of the initial document.

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30 views2 pages

Ipc - Problem Q

Thank you for the additional questions. I will need some time to research the relevant laws and case precedents to provide a considered response. For now, please let me know if you need a summary of the initial document.

Uploaded by

naveenlimbikai
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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SOLVING PROBLEM Q

Q. ‘A’ doctor in good faith communicates to a patient that he cannot live. The patient dies in
consequences of shock. What is the liability of ‘A’? Decide.

ANS.
1. ‘A’ is NOT guilty of an offence.

2. Provision:
The Indian Penal Code (IPC), 1860 recognizes defences in Chapter IV under
“General Exceptions”. Section 76 to 106 covers these defences which are based on the
presumption that a person is not liable for the crime committed. These defences depend upon
the circumstances prevailing at that point of time, mens rea of person and reasonability of
action of that accused.
The above illustration falls under Section 93 of General Exceptions.

Sec. 93: No communication made in good faith is an offence by reason of any harm to the
person to whom it is made, if it is made for the benefit of that person.

Section 93 protects the person who has made some communication to another person. And
because of that communication if some harm comes upon that person, then the communicator
shall not be held guilty. However certain conditions are to be fulfilled to seek protection
under this section.
1) The communication must be made in good faith i.e. without any malafide (bad)
intention.
2) The communication must be made for the benefit of the person to whom it is
made.

3. Comparative Analysis
Therefore, on the basis of Sec. 93, in the above illustration ‘A’ has communicated to
the patient in good faith. There is no element of malafide intention to harm the patient.
However, if the patient suffers a mental shock on hearing from ‘A’, it is not the fault of ‘A’.
Because ‘A’ has no mens rea. So ‘A’ is not guilty of any offence.

4. Supporting Case-law
This illustration can also be decided on the basis of a landmark case
__________________ , wherein the court held that the accused is not guilty for the mental
shock of the complainant because he had communicated the death of her husband, in good
faith.

5. Critical Analysis
However, in the above illustration it is not clear whether ‘A’ has communicated for the
benefit of the patient. Hence the second condition as required u/s 93is not fulfilled. But
because ‘A’ has done the act in good faith, it can be decided that ‘A’ is not liable for the death
of the patient.

6. Decision / Suggestion
Therefore, in the light of the relevant provisions and case-laws it can be decided that in the
above illustration, ‘A’ is Not liable for the harm caused to the patient.
Q 1. - ‘A’ an officer of justice, being ordered by the court to arrest ‘B’ and after due enquiry
believing ‘C’ to be ‘B’ arrests ‘C’. Decide the liability of ‘A’.

Q 2. - ‘A’ and ‘B’ agree to fence (sword play)( ಕತ್ತಿ ವರಸೆ) with each other for amusement.
During the play ‘B’ suffered injury. Has ‘A’ committed any offence? Decide.

Q. 3 - ‘P’ pulls down the house-wall of ‘R’ to prevent spreading of fire. ‘R’ now intends to
file criminal case against ‘P’. Advise.

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