Principle A pact other than a pact to commit suicide to suffer any harm is not an offence provi...........

Indian Penal Code (IPC) 1860 Others

Principle: A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided the age of the person who has given his consent to suffer harm is above eighteen years.

Facts: A enters into a pact with B, a boy of less than 18 years of age, to fence with each other for amusement. They agreed to suffer any harm which, in the course of such fencing, may be caused without foul play.

A, while playing fairly, hurts B, A commits no offence

A, while playing only unfairly, hurts B, A commits an offence

A, while playing fairly, hurts B, A commits an offence

A, while playing unfairly, hurts B, A commits no offence

Explanation:

Since B was a minor, he could not have entered in a pact to suffer harm,
B’s consent is of no consequence as he was a minor.
Hence A has committed an offence.