Court caseAIR 1951 All 500

Bishambhar was accused by villagers of molesting a girl of a lower caste. An angry crowd of about two hundred persons gathered to beat him. Roomal and others, members of the village panchayat, intervened and he agreed to abide by their decision. The panchayat ordered that his face be blackened and that he be taken round the village and given five shoe-beatings, which was done. Bishambhar then prosecuted the panchayat members for hurt and criminal intimidation under ss. 323 and 506 IPC; the magistrate acquitted them and he appealed.

The Allahabad High Court upheld the acquittal. The accused had acted in good faith to save the complainant from the fury of the mob; the complainant himself had agreed to accept the panchayat's decision, and the harm inflicted was not intended or known to be likely to cause death or grievous hurt. His consent was valid under s. 87 read with s. 90: it was not obtained by fear of injury caused by the accused, but was given to avoid a danger that came from others. The acts therefore were no offence.