General Part, Illustrations. (12)

1. A. looks on at a fencing match between B. and C. In the course of play B.’s foil breaks, and the broken end flies off and strikes A. No wrong is done to A.

2. A. goes into a wood to cut down a tree, and B. goes with him for his own pleasure. While A. is cutting a tree the head of his axe flies off and strikes B. A. has not wronged B., unless the axe was, to A.’s knowledge, unsafe for use.

3. B. and C. are letting off fireworks in a frequented place. A. stops near them to look at the fireworks. A firework explodes prematurely while B. is handling it, and the explosion injures both C. and A. B. has not wronged either C. or A., though B. and C. may be punishable under section 286 of the Indian Penal Code.

Acts done with consent.24. (1) A person is not wronged who suffers harm or loss in consequence of any act done in good faith and with his free consent or that of a person thereto authorized by him:

Provided that the act must be done either in the manner to which he has consented, or with due care and caution and in a reasonable manner from which he has not dissented.

(2) In the case of a person under twelve years of age or of unsound mind, the consent of the guardian or other person having lawful charge of him is necessary for the purposes of this section, and is also sufficient:

Provided that—

Explanation.—Nothing is by this section exempted from being a wrong which is an offence under any section of the Indian Penal Code.