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

Summary

If a person aged 18 or older freely agrees to suffer a certain harm, either by clearly saying so or by their actions, then the person causing that harm does not commit an offence as long as they did not intend to cause death or serious injury, and did not know that their act was likely to cause death or serious injury. This also applies if the person agreed to take the risk of that harm, and the doer knew the harm was likely but still did not intend death or serious injury.

Official Text

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.

Related Judgments

• ... Petitioners/Accused vs Rev.Dr.Colin L.Raymond — Madras High Court (2011)
• S.C.R. 642 DARSHAN SINGH v. STATE OF PUNJAB & ANR — Supreme Court of India (2010)
• CRL A/754/2008 — Madras High Court (2008)
• .. Petitioner/Appellant/Accused vs State rep. by — Madras High Court ()
• S.C.R. 101 KASHI RAM & OTHERS v. STATE OF RAJASTHAN — Supreme Court of India (2008)
• MAQBOOL v. THE STATE OF UTTAR PRADESH AND ANOTHER — Supreme Court of India (2018)
• S.C.R. STATE OF MADHYA PRADESH v. HARJEET SINGH & ANR — Supreme Court of India (2019)
• S.C.R. THE STATE OF MADHYA PRADESH v. KANHA @ OMPRAKASH (Criminal Appeal No. — Supreme Court of India (2019)

Old <-> New Code Mapping

• BNS §25 — Act not intended and not known to be likely to cause death or grievous hurt, done by consent