IPC § 91 · Indian Penal Code, 1860 · Repealed on 1 July 2024
Section 91 IPC — Exclusion of acts which are offences independently of harm caused
Replaced from 1 July 2024 by BNS 29 of the Bharatiya Nyaya Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the IPC.
The law now: BNS 29 — Exclusion of acts which are offences independently of harm caused
The exceptions in sections 25, 26 and 27 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.
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNS 29 in full