Legal Provisions of Section 91 of Indian Penal Code, 1860.
Exclusion of acts which are offences independently of harm caused:
This section explicitly states that those 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 stand on a different footing and for them the benefit of sections 87, 88, and 89 of the Code do not extend.
image source: cdn.shareyouressays.com
ADVERTISEMENTS:
One such act has been mentioned in the illustration of this section. However, with the passing of the Medical Termination of the Pregnancy Act, 1971 there are other grounds as well, besides saving the life of the woman, on which pregnancy can be terminated.
Other acts where exception under Sections 87, 88 and 89 of the Code do not extend may be offences affecting the public health, safety, convenience, decency, morals and the like. Thus, obscene publications or indecent exhibition even if done with the consent of the concerned person will entail criminal prosecution and the exception under sections 87, 88 and 89 of the Code will not be available to the offender.