Introduction of 87 IPC
Sometimes people commit illegal acts while not being in a proper state of mind to judge right from wrong. IPC Section 87 deals with such situations and provides guidelines on how to handle offenses committed by individuals who lack the capacity for sound judgment.
What is Section 87 IPC ?
IPC 87 states that nothing which is done by a person who is incapable of judging the nature and consequences of their conduct due to a reason other than intoxication, is an offense.
Section 87 Of IPC Overview
IPC 87 states that nothing which is done by a person who is incapable of judging the nature and consequences of their conduct due to a reason other than intoxication, is an offense.
Key-Points
Lack of Judgment Defense: This law allows people who committed an offense while lacking the capacity for sound judgment to use this as a potential defense against criminal charges.
Incapability to Judge Conduct: It applies if the person was incapable of understanding the nature and consequences of their actions at the time of the offense.
Reasons Other than Intoxication: The incapability to judge must be due to reasons other than intoxication, which is covered under a separate section (IPC 85).
Case-by-Case Evaluation: Each case is individually evaluated based on evidence regarding the person’s mental state and capacity for judgment.
Fairness and Proportionality: The aim is to ensure fair treatment for individuals who lack the mental capacity to fully comprehend their actions and its implications.
Strict Legal Requirements: Specific legal criteria must be strictly met for this defense to apply, as it involves overriding criminal liability.
IPC Section 87 Punishment
There is no direct punishment or fine prescribed under IPC 87 itself. It serves as a potential legal defense against criminal liability if the criteria are fulfilled.
IPC 87 bailable or not ?
The bailability of offenses under IPC Section 87 depends on the nature of the act:
- Non-Bailable: If the act resulted in death or grievous hurt with intent, it will generally be non-bailable.
- Bailable: If the harm caused was minor and with valid consent, it is generally bailable.
Section 87 IPC in short information
| Offense | Definition | Punishment | Bailable or Not |
|---|---|---|---|
| Harm with Consent (Section 87) | Causing harm with the consent of the person, without intent to cause death or grievous hurt | No punishment if valid consent is given | Generally bailable for minor harms, non-bailable for severe harms |
87 IPC FAQs
What is IPC Section 87 about?
IPC Section 87 deals with acts causing harm with the consent of the person harmed, provided the act is not intended to cause death or grievous hurt.
Can a minor give consent under IPC Section 87?
No, only individuals above the age of 18 can give valid consent under IPC Section 87.
Does IPC Section 87 apply to sports injuries?
Yes, as long as the participants are aware of the risks and give valid consent, Section 87 can apply to sports injuries.
What happens if consent is given under coercion?
If consent is given under coercion, it is not valid, and the act may be punishable under other relevant sections.
Are offenses under IPC Section 87 bailable?
The bailability depends on the specific circumstances. Generally, minor harms with valid consent are bailable, while severe harms intended to cause injury are non-bailable.
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