IPC Section 87
IPC Section 87 – Act not intended to cause death or grievous hurt, done by consent
Section 87 of the Indian Penal Code (IPC) deals with acts that might be harmful but are done with consent and without intention to cause death or serious injury. It provides a defense when harm occurs under certain conditions.
Exact Wording (Simplified):
“Nothing is an offense which is done with the consent of the person, or by a person who is bound by law to cause it, and which is not intended to cause death or grievous hurt, even if it causes some harm or injury.”
Key Points of Section 87
Consent is Crucial:
The person who suffers the act must consent to it.
Consent can be express (spoken/written) or implied (understood from circumstances).
No Intention to Cause Death or Grievous Hurt:
The act must not be intended to cause serious injury or death.
Accidental minor harm may still be excused if intention was harmless.
Legal Obligation:
Applies to persons who are bound by law to perform the act (like doctors, police officers in certain circumstances).
Harm or Injury May Occur:
Even if some minor harm occurs, the act may still not be an offense, as long as intention and consent conditions are met.
Examples
Medical Example:
A doctor performs surgery on a patient who consents.
Surgery carries risks, and minor complications occur.
Since there was consent and no intention to harm, it’s not an offense under Section 87.
Sports Example:
Two players in a boxing match fight with mutual consent.
Minor injuries occur.
No one is criminally liable because the act was consented to and not intended to cause serious harm.
Important Points
Consent must be informed and voluntary.
Serious harm or death is excluded:
If the act causes death or grievous hurt intentionally, Section 87 cannot protect the doer.
Section 87 is often read along with Sections 88, 89, and 90, which deal with consent and lawful acts causing harm.
In simple words:
“If you do something that might cause minor harm, but the person consents and you don’t intend serious injury or death, then it’s usually not a crime.”
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