The law is clear that consent of the party becomes immaterial when the very act itself is unlawful. In…
Section 25 BNS (formerly section 87 IPC), illustrated by two persons agreeing to fence with each other for amusement, makes consent a defence to harm caused in fair play of…
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The law is clear that consent of the party becomes immaterial when the very act itself is unlawful. In which of the cases there could be an exception ?
Answer and explanation
Correct answer B
Section 25 BNS (formerly section 87 IPC), illustrated by two persons agreeing to fence with each other for amusement, makes consent a defence to harm caused in fair play of a lawful game, so the exception is "Advantage taken in a game of fencing". A "Prize fight" is itself unlawful, so consent is no defence there, as held in R v. Coney.
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