Exclusion of acts which are offences independently of harm cause
AI Assist
Summary
Consent is no defence when the act itself is an offence regardless of any harm to the person who consents. If an act is criminal by its nature, the usual exceptions for consent do not apply. The act remains punishable even though the injured person agreed to it.
Example
Priya agrees to a procedure to cause a miscarriage. Even though she consented, causing a miscarriage is an offence unless done in good faith to save her life, so her consent does not make the act lawful.
Bare Act
Enacted textThe 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.
Illustrations
(1) Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is offence inexpediently 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.
Previous year papers
Pick your exam. we'll email the most recent paper.