Criminal liability arises when a person commits an act which is criminal in nature.

A criminal
offence is only committed when an act, which is forbidden by law, is done voluntarily. It is
only voluntary acts which amount to offences.

When a person proved with the commission of an offence, and ought to have been
punished by law, if he is exempted from such legal punishment under special conditions
stipulated in the law, it is known as General Exception.

"An act intent constitutes an offence" In view of relevant provisions of the Penal
Code,1860.

In Case of Section 87
Example: ‘A’ and ‘Z’ agreed to fence each other for enjoyment. This agreement implies the
consent of each other to suffer 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.

In Case of Section 88
Example: A, a Surgeon, knowing that a particular operation is likely to cause the death of Z,
who suffers under the painful complaint, but not intending to cause Z’s death and intending.
In good faith Z's benefit, performs that operation of Z, with Z’s Consent, if ‘Z’ dies after the
operation. A has committed no offence.