A and Z agree to fence with each other for amusement. A while fencing fairly, hurts Z. What is the liability of A?
Here, A is not liable for any offence, as per Sec. 87 under the defence of consent.
Sec. 87 gives immunity to a person who caused harm to another who takes the risk of it or gives consent to it.
Essentials of Sec. 87:
- The act done must be without intention of causing death or grievous hurt and without knowledge that his act is likely to cause death or grievous hurt.
- The harm should be caused to the person with his consent.
- The person giving his consent must be above 18 years of age.
- The consent may be express or implied.
In the given problem, A and Z have agreed to fence with each other and hence there is implied consent for the hurt. Hence A is not liable for any offence.