Section 88 of the Bharatiya Nyaya Sanhita (BNS), 2023
📘 Section 88 – Consent in Medical Treatment or Surgical Operation
⚖️ Paraphrased Provision
Section 88 deals with the validity of consent given by a person undergoing medical treatment or surgical operation. It states that if a person voluntarily consents to a medical procedure or surgery, and the procedure is done in good faith and for their benefit, then the doctor or medical practitioner is not guilty of any offence, even if the procedure causes harm or injury.
🔍 Detailed Explanation
✅ 1. Voluntary Consent
The person undergoing the medical treatment or surgery must give free and informed consent.
Consent must be given without coercion, fraud, or undue influence.
✅ 2. Purpose of Treatment
The medical procedure must be for the benefit of the person receiving it.
This includes treatment, diagnosis, or any necessary surgical operation.
✅ 3. Good Faith Requirement
The procedure must be done in good faith — meaning the medical professional acts with honest intention and due care.
The doctor must believe that the treatment is necessary and in the patient’s best interest.
✅ 4. Protection for Medical Practitioners
If these conditions are met, the doctor or medical practitioner is protected from criminal liability, even if the patient suffers harm or injury as a result.
This protection encourages doctors to perform necessary treatments without fear of prosecution.
⚖️ 5. Limitations
Consent given under misrepresentation, mistake, or without full information may not be valid.
Treatment done for illegitimate purposes or without consent is not covered.
Consent must relate specifically to the procedure performed.
👨⚕️ 6. Practical Example
A patient consents to an appendectomy to remove an inflamed appendix.
The surgeon performs the operation in good faith.
If complications arise, the surgeon is not criminally liable, as the consent was voluntary and the operation was for the patient’s benefit.
🎯 7. Purpose of Section 88
To balance patient autonomy with medical necessity.
To provide legal protection to medical professionals acting in the patient's interest.
To ensure that valid consent shields doctors from accusations of assault or harm.
📝 Summary Table
| Aspect | Explanation |
|---|---|
| Offence Covered | Performing medical treatment or surgery |
| Condition | Voluntary consent given by patient |
| Requirement | Treatment done in good faith and for benefit |
| Protection | No criminal liability for harm caused under these conditions |
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