Report No. 196

(i) Competent patient: Informed decision:

Where a patient who is competent refuses medical treatment and the doctor obeys and withholds or withdraws treatment, then does the doctor commit an offence under section 299?

The first and second parts of the section 299 do not apply because there is no 'intention' either to cause death or bodily injury likely to cause death. But, the act may fall under the third part because the doctor has 'knowledge' that the act of withdrawal is likely to cause death. Therefore, there can be an offence under section 299. (As to exceptions, we shall refer to it lower down).