Q.

Give incorrect response. In order to avail the defence under section 87 of the I.P.C. the following conditions must be fulfilled:

A. Person giving consent is above 18 years of age.
B. If the act is done neither with the intention of causing death nor with the knowledge that it is likely to cause death or grievous hurt.
C. Harm is caused to any person with his consent whether express or implied.
D. Section 87 does not fix any age of the person consenting but section 90 says that consent in order to be valid must be of a person who is above 12 years, therefore, under section 87 also person giving consent must be above 12 years and not 18 years.
Answer» D. Section 87 does not fix any age of the person consenting but section 90 says that consent in order to be valid must be of a person who is above 12 years, therefore, under section 87 also person giving consent must be above 12 years and not 18 years.
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