Section 87 IPC: Act not intended and not known to be likely to cause death or grievous hurt, done by consent

In the vast realm of legal statutes, Section 87 of the Indian Penal Code (IPC) is one that often sparks intrigue and raises important questions about the nuances of consent and intention.

section 87 ipc

This article delves deep into the intricacies of Section 87 IPC, shedding light on its provisions, implications, and relevance in contemporary legal scenarios.

Understanding Section 87 IPC

The Genesis of Section 87 IPC

Section 87 IPC finds its roots in the Indian Penal Code, a comprehensive legal document that defines various offenses and penalties. It specifically deals with acts that are not intended and are not known to be likely to cause death or grievous hurt when done by consent.

Elements of Section 87 IPC

This section primarily hinges on two crucial elements: intention and consent. To comprehend its implications fully, we need to dissect these components.

Lack of Intention

Section 87 hinges on the absence of intention. This means that if an act is done without any intent to cause harm, it might fall under the purview of this section.

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Consent

The consent factor in Section 87 is equally pivotal. The act in question must be done with the consent of the affected party.

The Scope of Section 87 IPC

Acts Covered

Section 87 IPC covers acts that do not lead to death or grievous hurt. This implies that if an action inadvertently results in death or severe injury, it might not be governed by this section.

Consent as a Mitigating Factor

The presence of consent is a crucial mitigating factor under Section 87. It acknowledges that certain acts, even if they result in minor harm, can be permitted if both parties consent.

Recent Legal Interpretations

Balancing Act

Courts often face the challenge of striking a balance between respecting personal autonomy (expressed through consent) and preventing harm.

Section 87 IPC: A Contemporary Perspective

Relevance in Today’s World

In an era marked by evolving societal norms and an emphasis on individual rights, Section 87 IPC remains relevant. It underscores the importance of consent in various aspects of life.

Evolving Definitions

As society evolves, so does the interpretation of consent and intention. Legal experts continuously grapple with adapting these concepts to contemporary situations.

Conclusion

Section 87 IPC serves as a vital legal provision that navigates the intricate relationship between consent and intention. It reminds us of the significance of respecting personal autonomy while ensuring that harm is minimized. In a world where the boundaries of consent are continually redefined, this section continues to play a pivotal role.

This article has explored the intricacies of Section 87 IPC, shedding light on its provisions and significance in the legal landscape. It serves as a reminder that, in a world marked by change, the principles of consent and intention remain fundamental to our understanding of justice.

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Certainly, here are some external resources where you can find further details and information about Section 87 IPC:

  1. Indian Penal Code – Section 87
    Link: https://indiankanoon.org/doc/1942707/
    This link provides the full text of Section 87 of the Indian Penal Code, along with relevant case law and legal interpretations.
  2. Legal Services India – Section 87 IPC
    Link: http://www.legalservicesindia.com/article/2917/Section-87-of-IPC.html
    Legal Services India offers a detailed article on Section 87 IPC, explaining its provisions and historical context.
  3. Legal Aid Center – Understanding Consent in Indian Law
    Link: https://www.legalaidcenter.in/understanding-consent-in-indian-law/
    This resource delves deeper into the concept of consent within the Indian legal framework, providing valuable insights related to Section 87 IPC.
  4. Indian Penal Code Overview – Wikipedia
    Link: https://en.wikipedia.org/wiki/Indian_Penal_Code
    Wikipedia’s page on the Indian Penal Code offers an overview of the entire IPC, with specific sections linked for further exploration, including Section 87.

These external resources will provide you with comprehensive details and in-depth insights into Section 87 IPC and related legal concepts.

FAQs

Consent is a central element. The act in question must be done with the consent of the affected party.

Yes, landmark cases have shaped how courts interpret this section, especially concerning consent and intention.

Courts strive to strike a balance between respecting consent and minimizing harm, considering the unique circumstances of each case.