Consent As General Exception Under IPC

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    • #577
      Amit Anand

      Chapter four of Indian Penal Code provides the general exceptions to the crime which are based on the absence of guilty mind i.e. Mens Rea. General exceptions are divided into 2 types:-
      • Excusable Defenses
      • Justified Defenses

      The word consent is not defined in the code but its general meaning is to agree for something. Consent should be given freely and Indian Penal code proves it as an exception. It is a justified defense which is governed under Sec 87, 89 & 92 of the Code. Volenti Non Fit Injuria is closely related to concept of implied consent. There are two types of consent:-
      • Express Consent
      • Implied Consent.
      In other words, a person who has committed an offence may escape from liability due to the application of general exceptions. The burden to prove all the elements of a crime and establish the guilt of accused never shifts from the prosecution. Section 90 of the code defines consent in a negative manner and provides for what does not amount to consent. Section 87 is based on the concept that every person is the best judge for himself and that’s why he will not consent to something which will hurt him. But as a whole the immunity under this exception is not extended to offence of murder and an act against the state. The defense of consent is available where the victim consents to activity occurring. Consent is not valid where it is given under fear or injury or by intoxicated person.
      Therefore, as a whole consent can be considered as a general exception to the code but it is not extended to murder

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