47
CAP. 224
Penal Code
2008 Ed.
Interpretation
(3) For the purposes of this section and section 85 “intoxication”
shall be deemed to include a state produced by narcotics or drugs.
[Indian PC 1860, s. 86]
Act not intended and not known to be likely to cause death or
grievous hurt, done by consent
87. 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 18 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.
[Indian PC 1860, s. 87]
Act not intended to cause death done by consent in good faith
for the benefit of a person
88. Nothing, which is not intended to cause death, is an offence by
reason of any harm which it may cause, or be intended by the doer to
cause, or be known by the doer to be likely to cause, to any person for
whose benefit it is done in good faith, and who has given a consent,
whether express or implied, to suffer that harm, or to take the risk of
that harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause the death of
Z, who suffers under a painful complaint, but not intending to cause Z’s death, and
intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent.
A has committed no offence.
[Indian PC 1860, s. 88]
Informal Consolidation – version in force from 1/4/2015
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