Bharatiya Nyaya Sanhita is made to ensure that the laws are fair, clear and will attract justice much sooner for the wronged people. BNS also protects the rights of the victims of crimes while providing clearer punishments for law breakers thus preventing crimes from taking place. One of the laws under BNS is Section 25.
The law in section 25 of BNS Act gives a correct approach to acts that cause harm or consequences without an aim of seriously injuring or killing someone. Consent in this case goes at much higher degree of difficulty because it concerns a person who is over eighteen years old. This means that if a person is performing an act that may bring harm to another person but without any intend to kill or injure, that is, he does not wish to cause any serious injury with the consent of the person who is harmed either expressly or by conduct then such actions in most of the cases are not considered criminal in nature.
What is Section 25 of BNS?
According to section 25 of the BNS Act, an act that is neither intended to cause death or grievous hurt nor known to be likely to cause such harm is not considered an offence if it causes harm to a consenting person above eighteen years of age. The consent may be express or implied. If harm is caused in the course of such an act, the doer will not be held liable for an offence.
This section is mentioned in the Bharatiya Nyaya Sanhita 2023 Act’s CHAPTER III GENERAL EXCEPTIONS which states:
- Statement:
“Nothing which is not intended to cause death or grievous hurt and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.”
- Meaning:
No act is considered an offense if it does not carry a threat of death or serious harm and the person committing the act does not know that such an act is likely to cause such outcomes, it may not cause harm to an individual above 18 years of age who gave or was given with the permission to harm or if it is known that it will likely cause harm by the victim.
Need Legal Clarity on Consent Laws? Get expert guidance on navigating Section 25 of the Bhartiya Nyaya Sanhita.
What are General Exceptions?
General exceptions are provisions of law that create defence against criminal liability. This accepts the fact that not all Person who are breaking the law are criminal but these exceptions need to be provided for circumstances in which the actions of the person may actually be unlawful but isn’t punished with criminal penalties due to specific justifications.
Difference between IPC and BNS regarding Act not intended and not known to be likely to cause death or grievous hurt, done by consent
| Indian Penal Code (IPC) | Bharatiya Nyaya Sanhita (BNS) |
| In IPC Section 87 deals with Act not intended and not known to be likely to cause death or grievous hurt, done by consent. | In BNS Section 25 deals with Act not intended and not known to be likely to cause death or grievous hurt, done by consent |
| Statement:Nothing which is not intended to cause death or grievous hurt and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. | Statement:Nothing which is not intended to cause death or grievous hurt and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. |
| Came into effect on January 1, 1862. | Came into effect on July 1, 2024. |
Important Points in Section 25 of BNS
This section BNS-25 extends legal protection even to situations in which harm is inflicted with the consent of the individual provided that the harm is not intended or likely to cause death or grievous hurt. This section largely deals with the issue of consent and the legal limitations of harm.
- No Intent to Cause Death or Hurt
The intention of the person committing the act shouldn’t have any intention to cause death or grievous hurt. This is an important requirement for the act not to come in this section.
- Not known to Cause Death or Grievous Hurt:
It safeguards a person if he does not know that his act may bring about a cause for death or grievous hurt. Thus, the act does not become a crime if the harm so caused is accidental and could not foreseeably be such harm.
- Consent of the Person:
The victim involved must be above eighteen years of age and they must have granted their consent, express or implied, to suffer the injury. It means that they agreed to face the risk of harm in any way
- Express Consent or Implied Consent:
It can be expressed if the person agrees to the act directly. Consent can also be implied whereby the person’s actions or behaviour that they accept the risk. For example, playing sport such as boxing is taken to show implicit consent to some form of bodily harm.
- Harm with Consent:
It is a principle of law that generally a person who hurts another for the agreed or consented extent of harm, he is normally not doing anything wrong. This is when both parties have given their consent and are aware of the nature and all associated risks such as in medicines use of drugs or physical activity cases of consenting adults.
- Risk of Harm:
The individual who consents should also be aware of the risk of harm and agree to take such a risk. If the results develop due to because the other person volunteered to take the risk of harm then the doer will not be liable for responsibility.
- No Offense Committed:
If these three conditions are met-that is, there is mutual consent, the parties are above the age and no grave harm is inflicted upon anyone involved-the act technically is not in the offense category though some level of harm is really experienced. The right to choose as an adult is granted under the law, but only when others are not gravely harmed.
Examples for Section 25 of BNS
- Dinesh was injured playing basketball when Jay threw the ball and accidentally hit Dinesh’s head. In this case, Jay does not commit a crime because both gave their implied consent to the risk of getting hurt that involves doing a sport.
- During Medical treatments, the patient consents to a risky surgery knowing it can cause their death. In this case, the doctor didn’t commit any crime.
- Aryan and Dev agree to fence with each other for sport. Such an agreement may be construed to imply the consent of each to suffer any hurt which, in the course of such fencing, may be inflicted without foul play and if Aryan, while fencing fairly, wounds Dev, Aryan commits no offence.
- Suraj and Bipin engage in friendly boxing. During the friendly boxing contest, Suraj punches Bipin and Bipin suffers slight injury. As Suraj and Bipin had agreed to engage in the friendly boxing contest and the injury was sustained in the course of the agreed activity, Suraj is not committing an offence.
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Conclusion
Section 25 of Bhartiya Nyaya Sanhita is one amongst the most vital clauses, which talks about ideas of consent as well as personal liberty, but at the same time it gives ample scope in deciding criminal liability while in case of injury is concerned. In this sense, it works to strengthen social action and responsible conduct primarily through establishing the principle that individuals do have a right to undertake such activities within a reasonable degree of risk.
As the foundation of society continues to evolve, it is left to the interpretation and implementation of this provision to be the primary balance component of individual rights with legal duty. Understanding Section 25 is very important when making proper decisions regarding sports, health and even play activities in determining the complexities involved with consent.
Frequently Asked Questions on Section 25 of BNS
Q.1. What does BNS Section 25 say regarding acts causing death or grievous hurt?
Ans.1. BNS Section 25 states that no offense is committed when an act not intended to cause death or grievous hurt has not been known by the doer to be likely to cause such harm and has caused harm to a consenting adult. The consent may be either express or implied.
Q.2. Does consent make any difference under Section 25 even though there is harm?
Ans.2. Yes, consent is material to the provisions of Section 25. An act that causes harm is exempted from the offense if the person so harmed gives his consent to suffer that harm, whether the consent is express or implied.
Q.3. What is the significance of the illustration in Section 25?
Ans.3. Explanation. The explanation to Section 25 explains that where two persons agree to fight a dueling bout of fencing, as play and one of them is wounded in such fighting while he is playing fairly, it is not an offence because the consent to run such risks of injury was impliedly involved in their agreement.
Q.4. Which Section of IPC is similar to Section 25 of BNS?
Ans.4. Section 87 of IPC deals with Act not intended and not known to be likely to cause death or grievous hurt, done by consent which is similar to section 25 of BNS.
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