IPC Section 91 — Exclusion of acts which are offences independently of harm cause

Summary

The protections in sections 87, 88, and 89 do not apply to acts that are crimes on their own, regardless of whether they cause, are intended to cause, or are known to be likely to cause any harm to the person who gave consent or on whose behalf consent was given. This means that even if someone consents to an act, that consent does not make the act legal if the act itself is already an offence under the law.

Official Text

The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.

Related Judgments

• ... Petitioners/Accused vs Rev.Dr.Colin L.Raymond — Madras High Court (2011)
• MIS. NANDRAM HUNATRAM, CALCUTTA v. UNION OF INDIA & ANR. M — Supreme Court of India (S)
• S.C.R. 1142 A SUHELKHAN KHUDYARKHAN & ANR v. STATE OF MAHARASHTRA & ORS — Supreme Court of India (2009)
• .. Appellant vs State rep. By — Madras High Court (2011)
• TUL KUMAR NIGAM v. STATE OF U.P. AND ORS. SEPTEMBER 27, 1995 B — Supreme Court of India (S)
• S.C.R. 101 KASHI RAM & OTHERS v. STATE OF RAJASTHAN — Supreme Court of India (2008)
• .. Petitioners / A-1 to A-3 vs Mr. A.P.Varghese — Madras High Court (2011)
• Crl.O.P.No.18297 vs 1. State through the — Madras High Court (2007)

Old <-> New Code Mapping

• BNS §29 — Exclusion of acts which are offences independently of harm caused