Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.
Illustration
A and Z agrees to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play ; and if A, while playing fairly, hurts Z, A commits no offence.
IPC Section 87: Simplified Explanation
IPC Section 87 of the Indian Penal Code (IPC) addresses the legality of actions that are performed with consent and are not intended to cause, nor known to be likely to cause, death or grievous hurt. This section essentially provides that an act done with the consent of the person on whom it is done, under certain conditions, does not constitute an offence if it does not result in death or grievous hurt.
Critical Aspects of IPC Section 87:
- Consent as a Defense: The core principle behind Section 87 is that consent can act as a defence to certain acts that might otherwise be criminal. This consent must be freely given by an individual who is capable of understanding the nature and consequences of the act.
- Lack of Intent or Knowledge to Cause Harm: For this defence to apply, the person performing the act must not only lack the intention to cause death or grievous hurt but also be unaware that the act is likely to cause such harm. This underscores the significance of the actor’s intention and knowledge regarding the consequences of their actions.
- Conditions for Valid Consent: The consent mentioned in Section 87 assumes that the person giving consent has the legal capacity to do so, which generally means they are an adult not suffering from any condition that impairs their ability to make informed decisions. Moreover, the consent needs to be informed, meaning the person understands the nature and potential consequences of the act.
Scope and Limitations: Section 87 is typically applied in contexts where individuals engage in activities that involve risk but are not intended to cause serious harm. These may include certain sports, medical procedures with informed consent, or other consensual acts where the risks are understood and accepted by the parties involved. However, it’s important to note that Section 87 is not a blanket exemption for all acts done with consent, especially if the act inherently carries a high risk of causing death or grievous harm.
