civilLatin origin
Volenti Non Fit Injuria
/vo-LEN-tee non fit in-JOOR-ee-ah/
To a willing person no injury is done — a defence where voluntary assumption of risk bars a claim for resulting harm.
Full Definition
Volenti non fit injuria (Latin: 'to one who consents, no harm is done') is a complete defence in tort law. Requirements: the claimant must have knowledge of the risk, voluntarily and freely accepted it, and that consent must cover the actual damage suffered. Consent under duress or without full knowledge is invalid.
In Indian Law
Applied in civil negligence suits. In IPC, consent operates under Section 87 (consent to bodily harm not amounting to grievous hurt) and Section 88 (medical treatment). Section 90 IPC specifically states consent obtained through fear of injury is not valid consent.