Indian Penal Code, 1860 · Chapter IV: General Exceptions
Section 91: Exclusion of acts which are offences independently of harm caused
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
The exceptions in sections 87, 88 and 89 do not cover acts that are offences regardless of any harm they cause, or are intended or known likely to cause, to the person who consents or on whose behalf consent is given.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Understanding this section
Section 91 limits sections 87, 88 and 89. Consent does not excuse acts that are offences independently of any harm they cause or are intended or known to be likely to cause, to the person consenting.
Key points
- Some acts are offences because of harm to the public or to someone else, not to the consenting person.
- The illustration is causing a miscarriage: it is an offence because of the harm to the unborn child, so the woman's consent does not excuse it except as the law separately allows.
- Consent to a public nuisance or an affray is no answer either.
Common mistakes
- Using consent of the victim to excuse an offence aimed at protecting third parties or the public.
Read with: Section 87 IPC, Section 312 IPC, Section 29 BNS
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 91
No Supreme Court judgment in our database cites this section yet.