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Act done with consent (section 87-91)

Section 87– An act not intended or known to be likely to cause death or grievous hurt, which act causes any harm to a person above 18 years of age who has given consent to suffer it is not an offence.·

Section 88-the section 88 states that nothing which is not intended to cause death is an offence by reason of any harm which it may cause, or intention to cause to any person for whose benefit it is done in good way, and who has given his consent to suffer that harm or to take the risk of that harm.·

Section 89states that which caused any harm to a person less than twelve years of age or an insane person, for whose benefit it is done in good faith by his guardian, or by consent of his guardian is not an offence.· Section 90 defines consent ‘ an act of reason accompanied with deliberation, the mind weighing as in balance in good and evil on each side’. Consent is defined in sections 90 which run in negative term.It lay down as to what is not consent and can be analyzed as under.

1. A person under fear of injury or misconception of fact, and the person doing the act knows or has reason to believe that the consent was given in consequence of such fear or misconception

2. A person who from unsoundness of mind or intoxication is unable to understand the nature and consequence of that to which he gives his consent.A consent given on a misrepresentation of fact is one given under a misconception of facts within the meaning of section 90 and would not be a valid consent as contemplated by the code.· Section 91 correlate to section 87,88 and 89.Illustration: causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an crime independently of any harm which it may cause or be intended to cause to the woman and therefore, it is not an offence ‘by reason of such harm’, and the consent of the woman or her guardian to the causing of such type of miscarriage does not justify the act.v Trifling act (Section 95)

Section 95 is based on the maxim ‘De minimis not curatlex’. It means that law does not take account of trifles. It deals with those cases which come within the letter of the penal law, but not within its spirit. Like dipping a pen in another man’s ink-pot would technically be theft, but the same would not be punished as an offence, the act being extremely trifling. This section is intended to prevent penalization of wrongs or offences of a trivial character. whether an act which amounts to an offence is undoubtedly depend upon the nature of the injury, the position of the parties the knowledge or intention with which the offensive act is done and other related circumstances.

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