sir/madam ,
i am b.com llb student in second year .
can you pls explain me section 91 of Indian Penal Code in easy terms ,with illustration.
Respected Mam,
First what you have to understand is that Section 91 is a proviso to Section 87, 88 and 89 of the IPC, 1860. Section 91 states that: "Exclusion 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 an 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."
It means that the protection given under Section 87, 88 and 89 to a person on the ground of consent shall not apply on offences which independently caused harm or intended to cause harm or known to be likely to be caused harm to the person giving consent or on whose behalf consent is given.
For example causing a misscarriage is not only a injury against the mother but an injury agaist the unborn child. Mothers consent shall not be deemed to be the consent of unborn child and the person causing abortion shall be prosecuted.
In simpler terms it can be said that if 'A' is causing injury to 'B' with his consent, 'A' will not be prosecuted for injury caused to 'B' but if the act causes harm to any other person or the state ,'A' shall be held liable for the injury caused.
For example A advertises obscene material related to B in public places with the consent of B, A shall not be held liabe for causing injury to B but A shall be held liable for criminal prosecution against the state as the act of A was against public policy and it was causing nuisance.
It is only in cases of offence related to human body and property that consent might save the offender from prosecution provided it is not against public policy and does not violae any law.
