A and Z agree to fence with each other for amusement. A while fencing fairly, hurts Z. What is the liability of A?

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Answer:

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:

  1. 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.
  2. The harm should be caused to the person with his consent.
  3. The person giving his consent must be above 18 years of age.
  4. 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.

Last Updated On January 30, 2018
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