Act not intended and not known to be likely to cause death or grievous hurt, done by consent
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Summary
If an adult voluntarily consents to suffer harm, an act that is not intended to cause death or grievous hurt, and which the doer does not know is likely to cause death or grievous hurt, is not an offence even if harm results. Consent can be express or implied. The protection applies only to persons above eighteen years who have agreed to take the risk.
Example
Ravi and Karan agree to practice boxing at a gym for exercise, each consenting to possible minor injuries. During fair sparring Ravi accidentally fractures Karan's finger; Ravi did not intend or know his blow was likely to cause grievous hurt. Under this rule Ravi is not guilty because Karan was an adult who had consented.
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.
Illustrations
(1) 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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