Act not intended and not known to be likely to cause death or grievous hurt, done by consent
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.
Illustrations
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.Example
While playing basketball, Rakesh got hurt when Vijay threw the ball and it hit his head by mistake. Here, Vijay did not commit a crime since both gave implied consent to the risk of getting hurt involved in a sport.
Key Points on BNS-25
BNS-25 provides legal protection in situations where harm is caused with the consent of the individual, provided that the harm is not intended or likely to result in death or grievous injury. This section mainly addresses consent and the legal boundaries of harm.
1. Lack of Intent to Cause Death or Grievous Hurt:
-
The intention of the person performing the act must not be to cause death or grievous hurt. This is a crucial requirement for the act not to be considered an offense under this section.
2. Not Known to Cause Death or Grievous Hurt:
-
If the person does not know that their actions are likely to result in death or grievous injury, they are protected under this section. For example, if the harm caused is accidental and not foreseeable, the act is not an offense.
3. Consent of the Person:
-
The individual harmed must be above eighteen years of age and must have given their consent, either explicitly or implied, to suffer the harm. This means the person agreed to take the risk of harm, either verbally or through their actions.
4. Express or Implied Consent:
-
Consent can be express, where the person directly agrees to the act, or implied, where the person’s behavior suggests they accept the risk. For instance, participating in a contact sport like boxing involves implied consent to some level of physical harm.
5. Harm with Consent:
-
If a person consents to a certain level of harm, the person causing that harm is generally not committing an offense. This applies when both parties understand and agree to the nature and risks involved, such as in medical procedures or consensual physical activities.
6. Risk of Harm:
-
The individual who consents must also understand that there is a risk of harm, and they must agree to take that risk. The doer is not responsible for the consequences if the person willingly accepts the possibility of harm.
7. No Offense Committed:
-
As long as the conditions of consent, age, and lack of grievous harm are met, the act is not considered an offense, even if some level of harm occurs. The law recognizes the autonomy of adults to make decisions about their own safety and well-being, provided the harm is not severe.
8. Examples:
-
Medical treatments where a patient consents to a risky surgery, or extreme sports like skydiving, where participants knowingly accept the potential for injury, would fall under this provision. In these cases, the harm caused is excused as it was consented to in good faith.
This section upholds the legal principle that consensual acts, even if they result in harm, are not punishable as long as they don't involve grievous harm or death.
Get the full list of all sections in the Bharatiya Nyaya Sanhita (BNS) here. Our comprehensive guide offers detailed information and analysis on every BNS section to enhance your legal knowledge.
Find the best lawyer for BNS Section 25 charges
Comments by Users
No Comments! Be the first one to comment.