Question

LEGAL PRINCIPLES:
(1) An act done by the consent of a person above 18 years is not an offence, provided 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, 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 this kidneys so that he can donate it to needy people and earn money. the doctor explains to him the risks and thereafter proceeds to remove his kidney. In the process, some complications develop and A develops an abdominal tumor. Is Z guilty?

• A. Yes, donating kidney for money is illegal and amounts to trafficking of organs
• B. Yes, removing kidney for money is not an act protected by this exception
• C. No, Z performed the operation with A's consent and fully explained him the risks involved
• D. No, Z's act was done for A's benefit so that he can pay off the money lenders

Answer 1

The correct option is B Yes, removing kidney for money is not an act protected by this exception

The direct application of principle lays down that an act or offence done even by the consent of a person for his benefit which is pecuniary in nature is an offence.

In the given set of facts, Z removed kidney of A so that A can sell it and earn money. Thus, Z committed a crime to give pecuniary benefit to A. Hence it does not fall under the exception laid down as the principle.

Making Z guilty of offence of removing A's kidney and putting his life to danger.