LEGAL PRINCIPLES : 1. An act done by the consent of a person above 18 years is not an offence; provide the offender did not intend to cause death or grievous hurt. 2. Mere pecuniary benefit is not a ‘thing done for a person’s benefit’. FACTUAL SITUATION: A, poor man, is in dire need of money to pay off his money lenders. A approaches Z, a doctor, to operate on him to remove one of his kidneys so that he can donate it to needy people and earn money. The doctor explains to him the risks and thereafterproceeds to remove his kidney. In the process, some complications develop and A develops an abdominal tumour. Is Z guilty? DECISION :

Question

LEGAL PRINCIPLES : 1. An act done by the consent of a person above 18 years is not an offence; provide the offender did not intend to cause death or grievous hurt.   2. Mere pecuniary benefit is not a ‘thing done for a person’s benefit’.   FACTUAL SITUATION: A, poor man, is in dire need of money to pay off his money lenders. A approaches Z, a doctor, to operate on him to remove one of his kidneys so that he can donate it to needy people and earn money. The doctor explains to him the risks and thereafterproceeds to remove his kidney. In the process, some complications develop and A develops an abdominal tumour. Is Z guilty?   DECISION :

Examsnet · Accepted Answer

Correct Answer is :  Yes, removing kidney for money is not an act protected by this exception.

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