A, a surgeon communicates to B, a patient, his opinion
that he cannot live. B dies in consequence of the shock.
Has A committed an offence ?
Hello, thank you for your query.
Section 52 of the Indian Penal Code defines good faith. It is stated that without due care and attention, nothing is said to be done or believed to be done in good faith.
Therefore if the doctor tells the patient that he will not be able to live with a reason, a good intention, with reasonable care, and with skill then it is in good faith and the doctor will not be held liable if a patient dies of shock.
However, if the doctor knew that the news could have affected the patient in this way, and still reveals it to him, then he will be liable.
Section 93 of the IPC defines communication in good faith. It states that if anything is communicated to someone in a good faith and for the benefit of that person then it is not an offense even if by the communication the person suffers any harm.
Hope this helps you.
