Back
2024 Supreme(Mad) 2318
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, J.
R.Rasu – Appellant
Versus
State Rep. by, Inspector of Police, Pullarambakkam Police Station – Respondent
Crl.O.P.Nos.2480 & 2483 of 2024 & Crl.M.P.Nos.1780 & 1783 of 2024
Decided on : 25-10-2024
Advocate Appeared:
For the Appellant : Mr.G.Saravanabhavan
For the Respondent:Mr.S.Udaya Kumar, Government Advocate (Crl.Side)
Mr.Dhamodhiran, Party-in-person
Participation in a voluntary sports activity precludes criminal liability for accidental injuries due to the principle of 'Volenti non fit injuria'.
Headnote:(A) Indian Penal Code, 1860 - Sections 304 and 87 - Culpable homicide - Petitioners, organizers of a cricket match, accused under Section 304 IPC for the death of a player - No overt act established against the petitioners; death occurred due to accident during a voluntary game - Court holds that participation voluntarily excludes liability - F.I.R quashed. (Paras 1, 4, 6, 10)
(B) Criminal Law - Principle of 'Volenti non fit injuria' - Participants in a sport consent to risks involved, which precludes liability for incidental injuries during the game. (Paras 6, 7)
Facts of the case:
A player died after being struck by a cork ball during an amateur cricket match organized by the petitioners. Allegations against them included intent to cause death through negligence under IPC Section 304, which they contested based on evidence indicating no intent or overt action.
Findings of Court:
The court determined that no criminal liability was established against the petitioners as the incident stemmed from a voluntarily accepted risk inherent to the sport.
Issues: The court addressed whether the allegations constituted an offense under IPC given the nature of participation in the cricket match and the application of Section 87.
Ratio Decidendi: The court clarified that consent to participate in a recreational activity precludes liability for accidental injuries arising during that activity, reinforcing the 'Volenti non fit injuria' principle.
Result: Criminal Original Petitions allowed; F.I.R quashed.
| Table of Content |
|---|
| 1. circumstances of loganathan's death. (Para 1 , 2 , 3) |
| 2. applicability of section 304 and consent defenses. (Para 4 , 5) |
| 3. legal acknowledgment of voluntary participation. (Para 6 , 7) |
| 4. procedure for compensation to the victim's family. (Para 8) |
| 5. court directive on compensation to complainant. (Para 9 , 10) |
ORDER :
G. JAYACHANDRAN, J.
On 13.12.2020, Mr.Loganathan, III year, Law College student while playing cricket along with his friend in a ground near Othikkadu Lake sustained injury and was hit by a cork ball on his chest and succumb to injury. The petitioners are the organizer of said the cricket match and therefore, case been registered against them for the offence under Section 304 of I.P.C.
2. The petitioners are before this Court stating that in the match between Punnapakkam Cricket Club and Puthuvallur Cricket Club, Loganathan was hit by a cork ball and died.
3. Rasu who is the 3rd accused/petitioner in Crl.O.P.No.2480/2024 claims that he was not even present in the ground at the time of occurrence and he was writing his Grade-II Constable Selection test at Sri Ram Educational Institutions, Perumalpattu. Whereas, P.Iyappan who is the 4th accused/petitioner in Crl.O.P.No.2483 of 2024 claims that he is the organiser of the cricket match and he did not involved in the occurrence.
4. Reading of Section 87 of Indian Penal Court and the Principle of volenti non fit injuria, the petitioners claim that the allegation made in the F.I.R, even taken on the face value and accepted in entirety, they did not constitute any offence.
Section 304 of I.P.C for the petitioner facing trial, reads as below:-
304. Punishment for culpable homicide not amounting to murder.-
Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death,or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
5. The above provision can be invoked only if there is any overt act on the part of the accused.
6. Reading of the F.I.R in entirety indicates that the accusation against these petitioners is for organizing a match using cork ball. It is common in this part of the Country, youth play cricket using cork ball. Playing cricket using cork ball is not prohibited. While so, from the material, it is patently clear that in the course of game, the ball hit by one Meshak (Batsman) with his bat had hit Loganathan who was in the field. Unfortunately, the cork ball hit on his chest, which led to his death. The deceased Loganthan has voluntarily participated in the match and got injured. Neither the batsman nor the organiser had intention to cause death or hurt to Loganathan. Therefore, Section 87 of I.P.C., exception squarely attracts to the case in hand.
7. For sake of clarity, illustration to Section 87 of I.P.C alone is extracted below which will fortify the above view of this Court.
“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.”
8. The complainant who is the father of Loganathan present before this Court on notice. He submits that being a victim, he may be provided atleast with compensation.
9. Taking note of the submission, the complainant/Dhamodiran is directed to make a representation to the Secretary, District Legal Service Authority, Thiruvallur within a period of two months. On receipt of the representation, The Secretary,
