Consent As An Exception Under IPC

[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.

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