Section Overview
Section Number:
IPC Section 87
Section Title:
Act Not Intended and Not Known to Be Likely to Cause Death or Grievous Hurt, Done by Consent
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under the Bharatiya Nyaya Sanhita (BNS), 2023
Applicability:
IPC Section 87 applies when a person performs an act with the consent of another person who is above eighteen years of age, provided that the act is not intended to cause death or grievous hurt and the person performing the act does not know that it is likely to cause death or grievous hurt.
The provision forms part of the General Exceptions chapter of the IPC and acts as a defense against criminal liability in situations where an adult voluntarily accepts a risk associated with a lawful activity.
Original Law Text
"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."
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 87 ka simple matlab hai ki agar koi adult person (18 saal se upar) kisi risk ko voluntarily accept karta hai aur uski consent se koi act kiya jata hai, to us act ke karan hui ordinary injury ke liye criminal liability nahi hogi, jab tak:
-
Act death ya grievous hurt karne ke intention se na kiya gaya ho.
-
Person ko pata na ho ki act se death ya grievous hurt hone ki sambhavana hai.
-
Consent valid ho.
-
Consent dene wala vyakti 18 saal se zyada age ka ho.
Simple words mein:
"Agar ek adult insaan kisi risk ko samajhkar consent deta hai, to har injury automatically criminal offence nahi banegi."
Sports, adventure activities, martial arts competitions aur similar voluntary activities mein yeh principle kaafi important hota hai.
Legal Definition (Original Law Text)
"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..."
Practical Interpretation
Section 87 consent-based defense provide karta hai.
Law yeh maanta hai ki adults ko apni marzi se certain risks lene ki freedom honi chahiye.
For example:
-
Boxing match
-
Wrestling competition
-
Contact sports
-
Certain adventure activities
In sab situations mein participants voluntarily risk accept karte hain.
Agar normal injuries ho jati hain, to har injury criminal prosecution ka basis nahi ban sakti.
Lekin agar act intentionally dangerous ho ya death/grievous hurt ki likelihood known ho, to Section 87 protection available nahi hogi.
Essential Ingredients of Section 87
-
Consent must exist.
-
Consent must be given by a person above 18 years.
-
Consent may be express or implied.
-
No intention to cause death.
-
No intention to cause grievous hurt.
-
No knowledge that death or grievous hurt is likely.
-
Harm should arise from the risk voluntarily accepted.
Why IPC Section 87 Was Introduced?
The legislature recognized that many social, sporting, recreational and professional activities involve inherent risks.
Without Section 87:
-
Sporting events could lead to criminal prosecutions for ordinary injuries.
-
Voluntary risk-taking would become legally uncertain.
-
Individuals would be unable to participate freely in lawful activities.
Therefore, Section 87 balances:
-
Individual autonomy
-
Voluntary consent
-
Criminal liability
while ensuring protection against serious or reckless conduct.
Punishment & Legal Classification
Punishment
IPC Section 87 does not prescribe any punishment.
It is a General Exception and operates as a defense against criminal liability.
Bailable / Non-Bailable
Not applicable.
No offence is created under Section 87.
Cognizable / Non-Cognizable
Not applicable.
Compoundable
Not applicable.
Triable By
Not applicable.
Section 87 itself is not an offence and therefore cannot be independently tried by a criminal court.
IPC ↔ BNS Mapping
IPC Section
IPC Section 87
BNS Equivalent
The Bharatiya Nyaya Sanhita, 2023 retains the principle of consent-based protection under the chapter dealing with General Exceptions.
Status
IPC repealed and replaced by BNS.
However, the underlying legal principle continues under the new criminal law framework.
Real-Life Examples
Example 1: Boxing Match
Two professional boxers participate in a sanctioned boxing event.
During the match, one boxer suffers a broken nose.
Since both participants voluntarily accepted the risks associated with the sport, Section 87 may apply.
Example 2: Martial Arts Training
An adult student joins a martial arts sparring session.
During practice, the student receives minor injuries.
Because the risk was voluntarily accepted, criminal liability generally does not arise.
Example 3: Adventure Sport
An adult signs consent forms before participating in a high-risk adventure activity.
Despite safety measures, the participant suffers a minor injury.
Section 87 may provide protection because the participant voluntarily accepted the risk.
Landmark Judgments
Although Section 87 is not frequently litigated independently, courts have discussed consent and voluntary assumption of risk in various decisions.
Case Name:
Poonai Fattema v. Emperor
Court:
Bombay High Court
Key Takeaway:
The Court emphasized that consent cannot justify acts involving a substantial likelihood of death.
The case highlights limitations on consent-based defenses.
Case Name:
Emperor v. Nizamuddin
Court:
British Indian Court
Key Takeaway:
The Court examined circumstances where consent was relied upon as a defense and stressed that consent does not excuse highly dangerous conduct.
Case Name:
State of Maharashtra v. Mayer Hans George
Court:
Supreme Court of India
Key Takeaway:
The judgment reinforced principles of statutory interpretation and the importance of applying statutory language according to legislative intent.
Legal Insights
When Is This Section Applied?
Section 87 commonly applies in situations involving:
-
Sporting events
-
Athletic competitions
-
Martial arts
-
Recreational activities
-
Adventure sports
-
Voluntary physical contests
-
Risk-based activities with informed consent
Common Misuse Scenarios
Assuming Consent Justifies Everything
Many people wrongly believe consent automatically removes criminal liability.
This is incorrect.
Consent does not excuse acts likely to cause death or grievous hurt.
Ignoring Age Requirements
Section 87 applies only when the consenting person is above eighteen years of age.
Consent by minors is not covered.
Using Consent as a Shield for Violence
An accused cannot rely on Section 87 when serious violence was intended.
Confusing Consent with Coercion
Consent must be voluntary.
Forced or manipulated consent may not be legally valid.
Defenses Available
Valid Consent
The accused may prove that the injured person voluntarily consented.
Lack of Criminal Intention
The accused may show absence of intention to cause death or grievous hurt.
Voluntary Assumption of Risk
Evidence may demonstrate that the injured person knowingly accepted the risk.
Good Faith Conduct
The act may have been carried out in accordance with accepted standards and safety measures.