Act not intended and not known to be likely to cause death or grievous hurt, done by consent
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Summary
An act that neither intends nor is known to be likely to cause death or grievous hurt is not an offence if the person harmed is over eighteen and has consented (expressly or impliedly) to suffer the harm or to take the risk. Consent can be inferred from agreed activities. The doer must not have known the act was likely to cause serious harm.
Example
Arjun and Meera, both adults, agree to spar at a boxing club for fun. During fair play Meera suffers a cut. Because neither intended or knew serious harm was likely and Meera consented to the risk, Arjun commits no offence.
Bare Act
Enacted textNothing 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 agree 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.
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