Act 9 Penal Code Act 2008 35. Act not Intended to Cause Death or Grievous Hurt Done by Consent. No act is an offence by reason of the injury it has caused to the person or property of any person who, being above the age of eighteen years, has voluntarily and with understanding given his or her consent, express or implied, to that act; provided that, this section shall not be applicable to acts which are likely to cause death or grievous hurt, nor to acts which constitute offences independently of any injury which they are capable of causing to the person who has given his or her consent or to his or her property. Illustration— “A” and “Z” agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which in the course of such fencing may be caused without foul play; and if “A” while playing fairly hurts “Z”, “A” commits no offence. 36. Consent Known to be Given Under Fear or Misconception. A consent is not such a consent as is intended by any section of this Act, if its is given by any of the following— (a) by a person under fear of injury or under a misconception of fact, and if the person doing the act knows or has reason to believe that the consent was given in consequence of such fear or misconception; (b) by a person who from unsoundness of mind or intoxication is unable to understand the nature and consequence of that to which he or she gives his or her consent; or (c) by a person who is under eighteen years of age. 37. Communication made in Good Faith. No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person. 38