Section 87 IPC and Section 25 BNS: Consent to Risk of Harm
Section 87 of the Indian Penal Code, 1860, historically protected certain acts done with the consent of an adult where death or grievous hurt was neither intended nor known to be likely. Its corresponding provision is Section 25 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
1. Section 87 IPC: Original statutory provision
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, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.
Original illustration: Fencing by consent
A and Z agree to fence with each other for amusement. Their agreement implies consent to harm that may arise from fair fencing without foul play. If A, while playing fairly, hurts Z, A commits no offence by reason of that harm under the exception.
2. Section 25 BNS: Corresponding provision
Section 25 of the Bharatiya Nyaya Sanhita, 2023 is titled Act not intended and not known to be likely to cause death or grievous hurt, done by consent. It carries forward the central principle of Section 87 IPC: an adult may consent expressly or impliedly to certain harm or risks, subject to strict statutory limits.
Read the authoritative text in the official BNS, 2023 (India Code PDF).
3. Essential conditions for the exception
- Age: The person giving consent must be above eighteen years of age.
- Consent: Consent may be express or implied and must cover the relevant harm or risk.
- No intention to cause death or grievous hurt: The person performing the act must not intend either result.
- No knowledge of likelihood: The actor must not know the act is likely to cause death or grievous hurt.
- Scope: The alleged offence must arise by reason of the harm covered by the consent; independent offences are not excused merely because consent exists.
4. Meaning of important legal expressions
Express consent
Permission communicated clearly, orally, in writing, or through other unambiguous conduct.
Implied consent
Permission inferred from voluntary conduct and circumstances, such as ordinary participation in a lawful sporting activity. Its scope is limited to the risks reasonably embraced by that participation.
Grievous hurt
A statutory category of particularly serious injury. For current BNS cases, refer to Section 116 BNS for the definition of grievous hurt; for IPC-era cases, refer to Section 320 IPC.
Knowledge and intention
Intention concerns the result the actor seeks to bring about. Knowledge concerns awareness that a prohibited consequence is likely. Section 25 excludes acts intended or known to be likely to cause death or grievous hurt, even if the other person consented.
5. Examples and practical application
Ordinary sporting contact: Two adults voluntarily take part in a lawful contact sport. A participant causes an injury while playing fairly within the accepted rules. Depending on the circumstances, the statutory exception may apply.
Foul play or deliberate serious injury: Consent to ordinary sporting risks does not automatically protect a participant who deliberately inflicts grievous hurt or acts with knowledge that such harm is likely.
Consent obtained by deception or fear: A purported agreement may not be legally effective where the statutory rules on defective consent apply.
6. Related provisions and limitations
| Provision | Subject and relevance |
|---|---|
| Section 25 BNS / Section 87 IPC | Harm or risk accepted by a consenting adult, without intent or knowledge concerning death or grievous hurt. |
| Section 26 BNS / Section 88 IPC | Acts not intended to cause death, done in good faith for a person's benefit with consent. |
| Section 27 BNS / Section 89 IPC | Acts in good faith for the benefit of a child or person of unsound mind, by or with guardian consent, subject to conditions. |
| Section 28 BNS / Section 90 IPC | Situations where consent is ineffective, including specified fear, misconception and incapacity circumstances. |
| Section 29 BNS / Section 91 IPC | Consent exceptions do not excuse acts that are offences independently of the harm caused. |
| Section 108 BSA, 2023 | Burden of proving circumstances bringing an accused within a general exception. |
7. Burden of proof
Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023, where an accused relies on a general exception, the burden of proving the circumstances bringing the case within that exception is on the accused, and the court presumes the absence of those circumstances. This does not remove the prosecution's obligation to establish the elements of the charged offence. The evidence and the applicable standard must be assessed in the context of the entire case.
8. Frequently asked questions
Does consent make every injury lawful?
No. The protection is confined to the statutory conditions. Consent cannot excuse independently punishable conduct, and the exception does not cover intended or knowingly likely death or grievous hurt.
Can a person aged 18 invoke the adult-consent rule?
The statutory wording is above eighteen years of age. The exact age requirement should be applied as written; a person who has only just attained eighteen should not automatically be treated as satisfying that wording.
Is written consent compulsory?
No. The section recognises both express and implied consent, although evidence of what was agreed and the risks accepted can be important.
Does the IPC still apply after 1 July 2024?
The BNS is the current general penal statute, but the IPC may remain relevant to offences committed before commencement and other matters governed by applicable saving provisions.
9. Official statutory references
- Bharatiya Nyaya Sanhita, 2023 - India Code
- BNS full Act - official PDF (Sections 25 to 29)
- Bharatiya Sakshya Adhiniyam, 2023 - India Code
- BSA full Act - official PDF (Section 108)
- Indian Penal Code: definitions, sections and punishments
Editorial note: Updated 28 October 2026. This article is for general legal information and is not a substitute for advice on specific facts.