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.

Sections referred to

• IPC §87 — Act not intended and not known to be likely to cause death or grievous hurt, done by consent
• IPC §88 — Act not intended to cause death, done by consent in good faith for person's benefit
• IPC §89 — Act done in good faith for benefit of child or insane person, by or by consent of guardian

Old <-> New Code Mapping

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