Certainly, the concept of a company as a juristic person, also known as a legal person or legal entity, is a fundamental principle in corporate law. It means that a company is treated as a distinct entity separate from its individual members (shareholders or owners). This principle has several key implications: 1. Separate Legal Existence: A company, once incorporated, is recognized as having its own separate legal existence. It can enter into contracts, own property, sue and be sued, and engage in various legal activities in its own name. This is distinct from the individuals who own or manage the company. 2. Limited Liability: One of the primary advantages of forming a company, especially a corporation, is the concept of limited liability. Shareholders are generally not personally liable for the company's debts and legal obligations. The company itself is responsible for its own debts, which helps protect the personal assets of its members. 3. Rights and Duties: Just like...
Consent related offence Section 87-93
Volunti Non fit injuria means if harm is cause with my consent than i can't complaint about it.
87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent.—Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm
Maxim vloenti non fit injuria means who consent to an act has no right to claim damages for injury cause to him by that act.
88. Act not intended to cause death, done by consent in good faith for person's benefit.—
Nothing, which is not intented to cause death, is an offence by reason of any harm which it may cause, or
be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose
benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that
harm, or to take the risk of that harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint,
but not intending to cause Z's death, and intending, in good faith, Z's benefit, performs that operation on Z, with Z's consent. A
has committed no offence.
emp. v/s S Kabiraj 1887
In this case court held that " We are of opinion that the prisoner is not entitled to the benefit of Section 88. It is quite true that
he had no intention to cause the death of the patient. Nobody accuses him of such intention. Id is
also true that he acted, as he thought, for the benefit of the patient. But it is very doubtful whether
he can be said to have acted in good faith, regard being had to the definition of good faith in Section
52 of the Penal Code, namely, nothing is said to be done in good faith which is done without due
care and attention. The prisoner is admittedly uneducated in matters of surgery. He has had no
regular education in matters of medicine."
89. Act done in good faith for benefit of child or insane person, by or by consent of guardian.—
Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound
mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of
that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause
or be known by the doer to be likely to cause to that person:
Provided—
Provisos.
First.—That this exception shall not extend to the intentional causing of death, or to the
attempting to cause death;
Secondly.—That this exception shall not extend to the doing of anything which the person doing
it knows to be likely to cause death, for any purpose other than the preventing of death or grievous
hurt, or the curing of any grievous disease or infirmity;
Thirdly.—That this exception shall not extend to the voluntary causing of grievous hurt, or to the
attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or
the curing of any grievous disease or infirmity;
Fourthly.—That this exception shall not extend to the abetment of any offence, to the committing
of which offence it would not extend.
Illustration
A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by a surgeon knowing it to
be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception,
inasmuch as his object was the cure of the child.
There is 3 point in section 89 consideration.
- Good faith
- Benefit for the child or insane person.
- consent given by guardian or lawful guardian.
eg. A confine his child for benefit, A commit no offence.
Consent is not define in IPC, although in Section 90 tell us what is not consent. In the case of Uday vs State Of Karnataka said that "Consent means active will in the mind of a person to permit the doing of the act of and knowledge of what is to be done, or of the nature of the act that is being done is essential to a consent to an act. Consent supposes a physical power to act, a moral power of acting and a serious and determined and free use of these powers. Every consent to act involves submission, but is by no means follows that a mere submission involves consent. In Jowitt's Dictionary of English Law II Edn. Vol. 1 explains consent as follows : ' An act of reason accompanied with deliberation, the mind weighing, as in a balance, the good or evil on either side.
Volunti Non fit injuria means if harm is cause with my consent than i can't complaint about it.
90. Consent known to be given under fear or misconception.—A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or
Consent of insane person.—if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or
Consent of child.—unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.
A man is best judge to his own interest, no man consent to something, which is injustice his own interest. In Draft IPC page 107-108
if a grownup man in position of all his faculty direct that valuable furniture B burn that the picture be to rages that fine house should be pull down that the best horses in his table be shot that it place be thrown into the sea. those whose obey his order, however appreciate those order may be, however deeply Z afterwards regret, why did he give such order ought not be punished for injuring his property.
Free Consent: if consent is tainted than that consent would not be consider as consent and if consent is given under fear or misconception of fact that consent is also consider vitiated consent. consent may be express or may be implied.
In IPC there are 3 type of consent.
- complete Exoneration.
- Partial Exoneration
- Consent in implied
In the case of Dalip kumar v/s Bihar 2005 SC
it was held that consent given under fear of injury or under misconception of fact invalidate the consent unless the time of taking the consent the accused had ulterior motive in his mind.
91. Exclusion of acts which are offences independently of harm cause.—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.
Section 91 exclude the exception those are independently offence. In section 87,88 and 89 consent should not for any illegal act. suppose if there is any act which is independently offence than we can't give the benefit of general exception. like prostitution or miscarriage etc. any offence which is independently offence than there is no benefit of general exception.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is 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.
92. Act done in good faith for benefit of a person without consent.—Nothing is an offence by
reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without
that person's consent, if the circumstances are such that it is impossible for that person to signify consent,
or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of
him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided
Provisos.
First.—That this exception shall not extend to the intentional causing of death, or the
attempting to cause death;
Secondly.—That this exception shall not extend to the doing of anything which the person doing it
knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or
the curing of any grievous disease or infirmity;
Thirdly.—That this exception shall not extend to the voluntary causing of hurt, or to the attempting to
cause hurt, for any purpose other than the preventing of death or hurt;
Fourthly.—That this exception shall not extend to the abetment of any offence, to the committing of
which offence it would not extend.
Section 92 is an emergency situation, where victim is not able to give his consent; enhance matter is not taken immediately it may lead to very serious consequences that is the reason why the person who want to give benefit that person take the decision on behalf of the victim as temporally guardian and try to give the benefit.
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