Consent As An Exception Under IPC

Home Forums Consent for Harm – General Exception under IPC Consent As An Exception Under IPC

  • This topic is empty.
Viewing 0 reply threads
  • Author
    Posts
    • #861
      Ayushi Pandya

      In IPC sections 87- 94 comprises the consent and compulsion in any crime. It discusses the extent of independence of making consensus, in what manner, by whom and involvement of a third party providing consent on someone else’s behalf.
      sec.87- i> absence of mens rea
      ii> Absence of knowledge of death or grievous hurt but knowledge of risk is present.
      iii> consent should be from a major.
      iv> consent can be either expressed or implied
      sec.90- what is NOT a consent?
      i> anything done out of fear of injury(mental or physical)
      ii> under misconception of fact
      iii> the person to whom it is given, knows or has the reason to believe that the consent was given under fear or
      misconception.
      iv> any consent given by an insane person.
      sec.88- i> consent( subjected to provision of sec.90)
      ii> absence of mens rea
      iii> knowledge of death or grievous hurt is present
      iv> intension of grievous hurt is present but not that of death.
      sec.89- i> minor less than 12 years of age.
      ii> consent is given by parents or guardian
      iii>in good faith
      iv>for benefit of the child
      v> knowledge of death or grievous hurt is present
      vi> intension of grievous hurt is present but not that of death.
      sec.92- i> consent is given by a third person
      ii>in good faith
      iii>for benefit of the person
      iv> knowledge of death or grievous hurt is present
      v> intension of grievous hurt is present but not that of death.

Viewing 0 reply threads
  • You must be logged in to reply to this topic.
Comments are closed.