CHAPTER IV GENERAL EXCEPTIONS

Section 87: Act not intended and not known to be likely to cause death or grievous hurt, done by consent

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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.

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.

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent.

BNS 25

Questions on this section

2 questions in 9 of our papers cite Section 87. Try these from the free papers:

1. Under Section 25 of the Bharatiya Nyaya Sanhita, 2023, an act not intended and not known to be likely to cause death or grievous hurt is not an offence by reason of harm caused to a person who has consented to suffer that harm, provided that person is above the age of:
2. A and Z, both aged 25, agree to a friendly boxing bout. While boxing fairly and without foul play, A causes Z a simple hurt. Neither intended nor knew it likely that death or grievous hurt would be caused. Under the Bharatiya Nyaya Sanhita, 2023:

Practise questions on Criminal Law