IPC Section 87 protects a person from criminal liability when an act is done with the consent of an adult who is capable of understanding the nature and consequences of that act, provided the act is not intended or known to be likely to cause death or grievous hurt. This provision is now replaced by the Bharatiya Nyaya Sanhita (BNS), 2023, from 1 July 2024.
Detailed Explanation
IPC Section 87 of the Indian Penal Code, 1860 deals with acts done with the consent of an adult. The law recognises that a person who is at least 18 years old and capable of giving valid consent can agree to take certain risks. If harm occurs because of such an act, the person performing the act may not be criminally liable, as long as specific legal conditions are satisfied.
The protection under this section is not unlimited. It applies only when the act is done without any intention to cause death or grievous hurt. It also applies only when the person giving consent understands the possible consequences of the act.
For example, two adults voluntarily participate in a boxing match. During the match, one player suffers a minor injury. Since both participants knowingly accepted the normal risks of the sport, IPC Section 87 may protect the other participant from criminal liability if the injury occurred during lawful play.
However, if a person intentionally causes serious injuries beyond the accepted limits or performs an act knowing it is likely to cause death or grievous hurt, this protection does not apply.
The law balances personal freedom with public safety. It allows adults to make informed decisions about activities involving ordinary risks while preventing misuse of consent as a defence for serious offences.
The following table explains the main conditions under IPC Section 87:
| Point | Explanation |
|---|---|
| Age of person giving consent | Must be 18 years or above. |
| Valid consent | Consent must be voluntary and informed. |
| Intention | The act must not be intended to cause death or grievous hurt. |
| Knowledge | The person doing the act must not know that death or grievous hurt is likely. |
| Scope | Applies only when all legal conditions are fulfilled. |
When does IPC Section 87 apply?
The section may apply in situations such as:
- Participation in sports involving physical contact.
- Adventure or recreational activities where risks are known.
- Friendly competitions causing minor injuries.
- Certain medical procedures where valid consent is obtained, subject to other applicable laws.
Common misunderstanding
Many people believe that consent always protects a person from criminal liability. This is incorrect.
Consent does not make every act legal. If an act is intended to cause death or grievous hurt, or if the law specifically prohibits the conduct, consent alone is not a valid defence. Courts examine the facts of each case before deciding whether this legal protection applies.
Key Points / Important Facts
- IPC Section 87 applied to acts done with the consent of an adult.
- The person giving consent must be at least 18 years old.
- Consent must be free, informed and voluntary.
- The act must not be intended to cause death.
- The person performing the act must not know that death or grievous hurt is likely.
- Consent is not a defence for every criminal offence.
- The facts and circumstances of each case are important.
- The Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita, 2023, from 1 July 2024.
Legal Provision or Section
Act: Indian Penal Code, 1860
Section: IPC Section 87 – Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
This section stated that an act is not an offence merely because it causes harm to a person above 18 years of age who has given consent, provided the act was not intended or known to be likely to cause death or grievous hurt.
Current Legal Status
The Indian Penal Code, 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS) with effect from 1 July 2024. Readers should refer to the corresponding provisions of the BNS for matters arising after its commencement, as the new criminal laws now govern criminal offences in India.
Conclusion
IPC Section 87 recognised the legal effect of informed consent given by an adult for acts that carry ordinary risks. However, the protection was subject to strict conditions and never extended to acts intended or likely to cause death or grievous hurt. Although the IPC has now been replaced by the Bharatiya Nyaya Sanhita, 2023, understanding IPC Section 87 remains useful for studying older cases, legal education and interpreting past judicial decisions.
Sources & References
- India Code – The Indian Penal Code, 1860: https://www.indiacode.nic.in/
- Legislative Department, Government of India: https://legislative.gov.in/
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Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.