Section 91 IPC: Exclusion of acts which are offences independently of harm caused

Indian Penal Code, 1860

Section 91 IPC at a Glance

Section 91 IPC deals with exclusion of acts which are offences independently of harm caused. From 1 July 2024 it is replaced by Section 29 BNS.

Punishment

None. Section 91 IPC creates no offence.

BNS Equivalent

Section 29 →

Section 91 IPC Bare Act Text

91. Exclusion of acts which are offences independently of harm caused

The exceptions in sections 87, 88 and 89 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: Section 91, Indian Penal Code, 1860

Section 91 IPC in Simple Words

Section 91 of the Indian Penal Code (IPC) limits the three General Exceptions for acts done by consent.

The exceptions in Section 87 IPC, Section 88 IPC and Section 89 IPC do not cover an act that is an offence independently of any harm it causes, or is meant or known to be likely to cause, to the person who gave the consent.

Causing miscarriage, other than in good faith to save the woman's life, is the example given.

Ingredients of Section 91 IPC

  • The act is an offence independently of any harm it may cause, be intended to cause, or be known to be likely to cause
  • The harm would fall on the person giving the consent, or the person on whose behalf it is given
  • The act is one for which Section 87 IPC, Section 88 IPC or Section 89 IPC is relied on as an exception

Punishment Under Section 91 IPC

Imprisonment

None. Section 91 IPC creates no offence.

Fine

None.

Section 91 IPC is a General Exception that limits other General Exceptions. It has no entry in the First Schedule to the CrPC.

Example of Section 91 IPC

In 2019 in Varanasi, two adult men, Deepak and Manoj, agreed to fight each other with bare hands in a crowded public market to settle a dispute. Each consented to suffer the minor pain caused by the other, and neither intended or knew that the fight was likely to cause death or grievous hurt. However, fighting in a public place and disturbing the public peace is an offence independently of any harm caused, intended, or known to be likely to be caused to the person giving consent. Therefore, the consent exceptions do not extend to their act because of Section 91 IPC.

When Section 91 IPC Does Not Apply

  • The act would be an offence solely because of the harm it causes to the consenting person, and is not an independent offence under the Code.
  • A miscarriage is caused in good faith for the purpose of saving the life of the pregnant woman.
  • The doer does not rely on the consent exceptions in Section 87 IPC, Section 88 IPC, or Section 89 IPC as a defence.

Section 91 IPC in the BNS

Section 91 IPC is now covered under Section 29 BNS.

Section 29 BNS keeps the rule and the illustration word for word. It points to Section 25 BNS, Section 26 BNS and Section 27 BNS in place of the IPC sections, and prints Illustration with a full stop.

View detailed comparison (IPC 91 vs BNS 29) →

FAQs on Section 91 IPC

What does Section 91 IPC say?▼

That the exceptions for consent in Section 87 IPC, Section 88 IPC and Section 89 IPC do not extend to acts which are offences independently of any harm they may cause to the person who gave the consent.

Does consent make causing a miscarriage lawful under Section 91 IPC?▼

No. The illustration says the consent of the woman or her guardian does not justify it, unless it is caused in good faith to save her life.

Under Section 91 IPC, why is the miscarriage not an offence by reason of such harm?▼

Because it is an offence independently of any harm to the woman, so the consent exceptions do not reach it.

Is Section 91 IPC an offence?▼

No. It creates no offence. It limits the General Exceptions that depend on consent.

What is the BNS equivalent of Section 91 IPC?▼

Section 29 BNS, which refers to Section 25 BNS, Section 26 BNS and Section 27 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·