Question

Consent under the Indian criminal law may be given, and accepted as a valid defence, to suffer intentional

• A. death
• B. grievous hurt
• C. simple hurt
• D. any of the above

Hint:

The maxim ‘volenti non fit injuria‘ (to a willing person, injury is not done) is the basis of the defence of consent. However, in criminal law, its application is severely restricted by public policy to protect life and limb.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks about the limits of consent as a defence in Indian criminal law. Specifically, it asks what level of intentional harm a person can validly consent to suffer.

Step 2: Key Concepts and Approach:
The defence of consent is primarily dealt with in Sections 87, 88, and 89 of the IPC. The key is to understand what kind of harm is explicitly excluded from the purview of this defence.
Section 87 IPC states: "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... to any person... who has given express or implied consent to suffer that harm..."

Step 3: Detailed Explanation:

• The Rule in Section 87: This section provides a defence for causing harm with consent, but it sets clear limits. The defence is not available if the act is done with the intention of causing death or grievous hurt.
• Application to the Options:
- (A) Death: Consent to suffer intentional death is never a valid defence (except in the context of the now-repealed offence of abetment of suicide).
- (B) Grievous Hurt: Consent to suffer intentional grievous hurt is also not a valid defence under Section 87.
- (C) Simple Hurt: The section implicitly allows consent as a defence for harm that does not amount to death or grievous hurt. This covers "simple hurt." This is why players in sports like boxing or kabaddi are not held liable for causing simple hurt to each other, as they have consented to the risks of the game.

• Exception in Section 88: Section 88 provides an exception for acts done in good faith for a person's benefit (like a surgical operation), where consent can be given even for acts that might cause grievous hurt or death. However, the question asks about consent to suffer "intentional" harm generally, not in a specific therapeutic context. Therefore, Section 87 is the governing provision.

Step 4: Final Answer:
Under the general principles of consent in Section 87 IPC, a person can give valid consent to suffer intentional simple hurt, but not intentional death or grievous hurt.