IPC Section 87 - Act Unintentional, Unknown Risk, Done Consensually

Since Section 87 of the IPC is the sole exception to this general rule of criminal liability, it states that if a person does an act not meant to cause death or grievous hurt and they are not aware of a likelihood that the act will cause such consequences, this act shall not be considered an offense if the person, on whom the harm might be caused, have given their consent, either implicit or explicit. Ultimately, this section shields an individual from criminal liability if the actions in question were performed with defense, regardless of the damage that the individual caused.

Legal Provision

The provision of Section 87 of IPC ‘Act not intended and not known to be likely to cause death or grievous hurt, done by consent’ states

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.

This section essentially establishes a defense based on consent, shielding individuals from criminal liability for causing harm under specific circumstances.

Purpose And Rationale Of Section 87

The primary objective of Section 87 is to strike a balance between individual autonomy and personal liberty, particularly in contexts where individuals may willingly expose themselves to risks or harm.

Preservation Of Individual Autonomy

Section 87 primarily respects individual autonomy. It is the right of the individual to consent to any action, albeit at some risk of injury or harm, provided the acceptance thus expressed or acquiesced is voluntary and knowledgeable.

Activities Where Section 87 is Applicable

Section 87 finds common application to activities where the risk of harm is an integral part of the activity, which may include sports, certain medical procedures, adventure performances, or any other set of situations in which individuals may consent to risks. These activities may include but are by no means limited to boxing, martial arts, contact sports, or even surgical operations.

Consent As A Shield Against Criminal Liability

The Section protects individuals from criminal liability when harm results from their actions, provided that the person to whom the harm is inflicted has given valid consent to take the risk.

Key Elements Of Section 87

Section 87 contains specific conditions that must be satisfied for the provision to apply:

Absence Of Intent To Cause Death or Grievous Hurt

The act, then, should not be intended to cause death or grievous hurt. If, however, this is so, and the same act, then, is intended to cause grievous bodily harm or death, consent will not excuse criminal liability.

Lack Of Knowledge Regarding Likely Consequences

The person must not have known or have had reason to know that the act was likely to cause death or grievous hurt. Ignorance of the likelihood of such serious consequences is indispensable.

Consent Of The Victim

The consent must have been given by the person to whom the harm was done-whether expressed or implied. This requirement involves further concerns: the consent must be informed, meaning that the person must have been aware of the risks involved and, by doing so, voluntarily agreed to accept them.

Age Requirement

This Section applies only in cases of persons above the age of eighteen, while for minors, their consent is rendered invalid as they do not possess the legal capacity to understand the outcome of their decisions.

Section 87 Of IPC: Key Details

Limitations Of Section 87

The limitations of Section 87 are:

No Consent For Death Or Grievous Hurt

Under this law, an act intended to kill or inflict serious bodily injury cannot be consented to by another for the purpose of making it illegal. Even if the victim was at the death or grievous hurt of course of the assailant, the assailant has still neglected to pay the price of murder or grievous bodily hurt.

Consent Obtained By Fraud Or Misrepresentation

Instead, if a person has been induced to consent by dishonest means, then, for the purposes of Section 87, that person's consent is invalid.

Consent Given Under Fear Or Misconception

Consent given under fear of injury or misconception of fact does not render itself valid.

Acts Against Public Policy

Consent cannot avail acts against public policy or oppose other laws. For instance, the fact that illegal acts such as drug use or participation in illegal fights have the consent of one participant does not render the parties to the loose crime not criminally liable.

Case Laws

A few case laws based on Section 87 of the IPC are

G.B. Ghatge vs. Emperor

The case thus involved a 15-year-old school-going boy who was caned by a teacher for the misconduct that he committed. The case deals with the limits of consent regarding disciplinary action. It establishes the principle that consent does not justify any acts done with improper motives or in excess of reasonable limits, a principle very much relevant in determining the extent of consent for Section 87.

State of Maharashtra v. Mayer Hans George

The mens rea aspect of the case, mostly dealing with "knowledge" under the Foreign Exchange Regulation Act, is also relevant to Section 87. Where consent is absent, criminal liability cannot be removed unless the action is shown to be unintentionally or unknowingly done with the possibility of causing death or grievous hurt. This case thus aids in elucidating the "knowledge" aspect of Section 87.

Challenges And Practical Considerations

Applying Section 87 in practice can present certain challenges:

Determining Implied Consent

Proving implied consent is difficult; the interpretation of conduct and circumstances is precluded by it. Unambiguous communication is imperative in cases where there is an inherent risk of physical injury.

Assessing The Scope Of Consent

The scope of consent can likewise be difficult to determine. For instance, a player in a sporting event permits, by virtue of taking part, to the inherent risks which naturally accompany a sporting event; however, this would not necessarily permit intentional acts of aggression in flagrant violation of the rules of the game.

Distinguishing Between "Harm" And "Grievous Hurt"

In applying Section 87 of the IPC, the line between "harm" plus "grievous hurt" is very important as defined in Section 320 of the IPC. While the latter might stand excused because of consent, grievous hurt cannot.

Conclusion

An exception can thus be singled out under Section 87 IPC, stating that, when not intended to cause death or grievous hurt, any act that causes harm shall be performed with the person's consent, who is to be an adult above the age of eighteen. Here, Section 87 tiptoes a fine line between giving respect to individual autonomy and ensuring protection for individuals against extreme bodily harm. Their careful application within their limitations under each set of circumstances within all cases is essential for the sake of justice and for the honor of substantive criminal law principles.

FAQs

A few FAQs based on Section 87 of the IPC are:

Q1. What is the core purpose of Section 87 of the IPC?

Section 87 seeks to extend a pluralistic perspective on individual autonomies and protect people from injury, permitting adults to consent to an act involving foreseeable risks only when causing death or grievous injury is neither intended nor likely. It safeguards freedom so long as such freedom does not lead to bodily damage on a large scale.

Q2. Under what circumstances does Section 87 provide a shield from criminal liability?

Because of this, it enables actual and informed consent to supply immunity under criminal law when adults between the ages of 18 and others cause harm, provided the act was not done willfully or otherwise designed to cause death or grievous injury. True consent remains essential if one intends to seek this defense.

Q3. What are the key elements required for Section 87 to be applicable?

Even though it has been taken from the standard principle of 'consent exclusive of harm', there are peculiar factors of Section 87 that are different from them. These are intention, knowledge of any insuperable consequences, and consent, expressed or implied, given by a person aged 18 years or above.

Q4. How does Section 87 define "consent" and its validity?

To make a consensual act within the polish of Section 87, the consent must be given voluntarily with knowledge and acceptance and be given by a person over 18. Consent which is obtained by standards of bad faith, misrepresentation, coercion and intimidation, or by any means of misconception is thereby rendered void.

Q5. What types of activities typically fall under the scope of Section 87?

Some activities that fall under the rubric of Section 87 include sporting events, certain medical procedures, and adventure sports where risks are inherent and participants consent voluntarily. Such activities require voluntary and informed consent and are dealt with under this framework.

Q6. What are the limitations of Section 87 regarding consent for death or grievous hurt?

Section 87 canonically does not present consent for acts against Society which are inhuman or intentional homicide or serious offense. Such actions would remain as though they were criminal offenses irrespective of consent. This limitation imprisons horrible acts against persons whom it seems would have assented.

Q7. How does the age requirement impact the application of Section 87?

Section 87 is confined to individuals over 18 years as minors are incapable of such consenting due to a deficit of legal capacity. Therefore, the criterion provides that consent must be given by a person who has no undue restriction to exercise his or her own free will with legal understanding.

Q8. What are the challenges in determining implied consent under Section 87?

Proving consent is sometimes difficult as the issue of implied consent rests on the interpretation of conduct and surrounding circumstances, which may not always be beyond ambiguity. Clearness in communication is the only way to prevent misinterpretation, most importantly in what is otherwise a life-and-death incident.

Q9. How does Section 87 distinguish between "harm" and "grievous hurt"?

As per Section 87, consent is allowed for acts causing "hurt" under Section 320 of the IPC, but not "grievous hurt." This allows consent for minor injuries but not for severe injuries.

Q 10. What are some practical considerations when applying Section 87 in legal cases?

Then comes the practical aspects of determination-the scope of the consent, the distinction between hurt and grievous, and the absence of intention to cause grievous hurt. The discharge of every one of these considerations must take place before the courts if justice and individual autonomy are to be served well.