The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.
IPC Section 91: Simplified Explanation
IPC Section 91 of the Indian Penal Code (IPC) primarily deals with acts that cause slight harm and are done with the consent of the person who suffers the harm or with the permission of someone legally authorised to give such consent on behalf of the person harmed. It essentially states that an act that causes minor harm or is intended or known to cause minor harm is not an offence if it is done with the consent of the person harmed or with the permission of someone legally empowered to give such consent on behalf of the person harmed.
This section recognises that individuals have the autonomy to consent to certain acts that may cause them harm, provided that the damage is minor. This can apply in various contexts, including some medical procedures, sports, and other activities where participants understand and accept a certain degree of risk.
However, there are significant limitations to this provision:
- For consent to be valid under Section 91, it must be freely given without coercion or undue influence. This condition ensures that the consent is genuine and not a result of any external pressure, thereby safeguarding the rights of the person giving consent. The person giving the consent must be capable of understanding the nature and consequences of the act to which they are consenting.
- The act must not be intended to cause, or known to be likely to cause, death or grievous hurt.
- The act must not be against public policy or morals.
It’s important to understand that the applicability of this section can be complex and may require detailed legal analysis in specific cases. Consent does not legalise inherently illegal acts that cause harm beyond what is considered “slight” under the law.
