LawgistThe Indian Penal Code
91Exclusion of acts which are offences independently of harm caused
The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence "by reason of such harm"; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.
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GENERAL EXCEPTIONS
- 76 Act done by a person bound, or by mistake of fact believing himself bound, by law
- 77 Act of Judge when acting judicially
- 78 Act done pursuant to the judgment or order of Court
- 79 Act done by a person justified, or by mistake of fact believing himself justified, by law
- 80 Accident in doing a lawful act
- 81 Act likely to cause harm, but done without criminal intent, and to prevent other harm
- 82 Act of a child under seven years of age
- 83 Act of a child above seven and under twelve of immature understanding
- 84 Act of a person of unsound mind
- 85 Act of a person incapable of judgment by reason of intoxication caused against his will
- 86 Offence requiring a particular intent or knowledge committed by one who is intoxicated
- 87 Act not intended and not known to be likely to cause death or grievous hurt, done by consent
- 88 Act not intended to cause death, done by consent in good faith for person's benefit
- 89 Act done in good faith for benefit of child or insane person, by or by consent of guardian
- 90 Consent known to be given under fear or misconception
- 91 Exclusion of acts which are offences independently of harm caused
- 92 Act done in good faith for benefit of a person without consent
- 93 Communication made in good faith
- 94 Act to which a person is compelled by threats
- 95 Act causing slight harm
