सं Samvidhan

Indian Penal Code, 1860

Section 87

repealed

Act not intended and not known to be likely to cause death or grievous hurt, done by consent

Why this exists

Section 87 is part of a group of IPC provisions (Sections 87-92) that recognize consent as a valid defense in certain situations. The law acknowledges that many everyday and sporting activities — like surgery, wrestling, or contact sports — carry inherent risks. If adults knowingly and willingly accept these risks, the person causing incidental harm shouldn't be criminally punished, provided there was never an intention or known likelihood of causing death or serious injury. This reflects respect for personal autonomy: people can consent to certain risks to their own body.

How courts read it

Indian courts have applied Section 87 mainly in cases involving sports injuries, surgical procedures, and rough play or games where injury occurs despite no intent to cause serious harm. Courts have emphasized that consent must be free, informed, and given by someone legally capable of consenting (hence the 18-year age requirement). This section has often been read alongside Sections 88 and 89, which extend similar protections to acts done in good faith for another's benefit and to acts concerning children or the mentally ill. Judicial interpretation has clarified that consent under Section 87 does not extend to acts intended to cause death or grievous hurt, or where such consequences are known to be likely — the protection is narrow and doesn't cover reckless or intentional serious harm.

Common misconceptions
  • Myth: Section 87 means you can consent to anything, even to be seriously injured or killed.
    Fact: It specifically excludes acts intended to cause, or known to be likely to cause, death or grievous hurt — consent doesn't cover those situations.
  • Myth: This section applies to people of any age.
    Fact: The protection applies only when the person who suffered harm is above eighteen years of age.
  • Myth: Implied consent isn't valid — only written or spoken consent counts.
    Fact: The law explicitly recognizes both express (spoken/written) and implied consent (through actions or circumstances).