BACK TO SECTIONS(2008) 16 SCC 14
IPC 1860REPEALED
Section 87-95
General Exceptions: Consent, Good Faith by Master, Communication in Good Faith, Act Done Under Compulsion, Trivial Acts
Replaced by: BNS 25-30
N/ACognizable: N/AN/A
THE STATUTE
Original Text
Section 87: 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 his 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. Section 89: Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or by reason of any harm which it may be known by the doer to be likely to cause to that person. Section 95: Nothing is an offence merely by reason of some harm which it may cause if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
Simplified
Sections 87–95 are the consent and trivial harm exceptions — situations where the victim's agreement or the triviality of harm removes criminal liability. Section 87 (consent of adult) is foundational for contact sports, medical procedures, and risky recreational activities — boxing, rugby, surgical operations, and adventure sports all involve consented harm. The critical limits: consent cannot authorise acts likely to cause death or grievous hurt, and the victim must be above 18. Section 89 protects medical and educational actions done for the benefit of children by parents and guardians — a parent who allows a painful but necessary medical procedure for their child cannot be charged with causing hurt. Section 95 ('de minimis') — the trivial harm exception — excludes from criminal liability harm so slight that a reasonable person wouldn't complain. Courts use Section 95 to filter out frivolous complaints about trivial contacts and minor inconveniences.
Legal Evolution
Section 87's consent defence has been extensively debated in the context of sadomasochistic activities. Courts have generally held, following English authority, that consent to serious hurt (grievous hurt level) is not a valid defence — the state has an interest in preventing serious bodily harm even when consensually agreed to.
Landmark Precedents
Deepak Bajaj v. State of Maharashtra (2008)
RELEVANCE
Consent exception under Section 87 applied in medical procedure context — consent to a procedure protects the surgeon from criminal liability for resultant harm within normal professional bounds.
Practical Scenarios
"A surgeon who amputates a gangrenous limb with the patient's consent — protected under Section 88 (good faith medical treatment)."
"Accidentally brushing against someone in a crowded elevator causing momentary discomfort — Section 95 de minimis exception applies."
"Two adults who consensually engage in a fistfight — Section 87 consent defence applies to hurt; does not apply if grievous hurt results."
Common Queries
Yes — Section 87 protects sports with consented physical contact where death or grievous hurt are not the intended or known likely consequences. Consented boxing matches are protected; a boxer who deliberately tries to permanently disable an opponent goes beyond the scope of consent.
Section 95 excludes harm so slight that a reasonable person would not complain about it. Courts have used this to dismiss frivolous complaints about trivial physical contacts, minor inconveniences, and technical trespasses.