Section 91 IPC: Exclusion of Acts Which Are Offences Independently of Harm Caused
Section 91 of the Indian Penal Code, 1860 limits the consent-based general exceptions contained in Sections 87, 88 and 89. It makes clear that consent does not excuse an act when the act is an offence independently of the harm caused, intended or known to be likely to the consenting person.
Text and Meaning of Section 91 IPC
Section 91 - 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.
In practical terms, Sections 87, 88 and 89 could protect certain acts because valid consent, good faith and benefit to a person may remove criminality arising from the harm caused to that person. Section 91 draws the boundary: if the law treats the underlying act itself as an offence independently of that harm, consent cannot by itself bring the act within those exceptions.
Connection with Sections 87, 88 and 89 IPC
- Section 87: concerned acts not intended and not known to be likely to cause death or grievous hurt, when done by consent.
- Section 88: concerned acts not intended to cause death, done by consent in good faith for the person's benefit.
- Section 89: concerned certain acts done in good faith for the benefit of a child or person of unsound mind, by or with the consent of a guardian or other person having lawful charge.
Section 91 prevents these consent-based exceptions from being used to justify conduct that constitutes an offence for a reason independent of the harm to the person who consented or on whose behalf consent was given.
Statutory Illustration: Causing Miscarriage
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 merely "by reason of such harm", and the consent of the woman or her guardian to the causing of such miscarriage does not, by itself, justify the act.
The illustration demonstrates the central rule of Section 91: the relevant question is not merely whether the affected person consented to the harm. One must also ask whether the act is prohibited independently of that harm.
Essential Principle of Section 91 IPC
Section 91 is a limitation on the scope of consent under the general exceptions. Consent cannot legalize every act. Where criminality attaches to the act independently of the injury, risk or harm to the consenting person, the protections of Sections 87, 88 and 89 do not extend to that independent offence.
Quick Summary
Section 91 IPC clarifies that consent under Sections 87, 88 and 89 is not a defence to an act that is independently an offence. The statutory miscarriage illustration shows how the provision separates harm to which a person may consent from criminality attached independently to the act itself.