AIBE XVIII — December 2023 — Q.37 (Indian Penal Code, 1860)

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Q.37

IPC & Bharatiya Nyay Sanhita (BNS) Medium Illustration-Based

Bare Act Indian Penal Code, 1860 · Section 87, Illustration

A and Z agree to fence with each other for amusement. In the course of such fencing, while playing fairly, A hurts Z severely. Which of the following offence is committed by A?

A Hurt

B Attempt to murder

C Grievous hurt

✓ No offence Answer

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Explanation & Strategy

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Section 87 provides that acts done with consent for amusement/sport, not intended to cause death/grievous hurt, are not offences. The fencing was consensual, fair, and recreational — even though Z was hurt, A committed no offence because Z consented to the inherent risks of the activity.

1 Pick up IPC.
2 Go to Section 87 — Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
3 Read the Illustration: 'A and Z agree to fence with each other for amusement. This agreement implies consent to harm. A has committed no offence.'

The text reads: Section 87 Illustration: A and Z agree to fence for amusement. A, playing fairly, hurts Z. A has committed no offence.

⚖️ New Criminal Law Mapping (AIBE XXI onwards)

Old: IPC S.87 → New: BNS S.25

BNS S.25 retains the same consent-based exception for acts done in good faith during sports/amusement.

At a Glance

Subject IPC & Bharatiya Nyay Sanhita (BNS)

Difficulty Medium

Act Indian Penal Code, 1860

Section Section 87, Illustration

Answer (D) Illustration-Based

Paper AIBE XVIII — December 2023

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