Code: Section 25 BNS
Section 25
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.
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.
Explanation of Section 25 BNS
Section 25 of the Bharatiya Nyaya Sanhita (BNS), 2023 provides legal protection for acts performed with consent, as long as:
- The act is not intended to cause death or grievous hurt.
- The person doing the act does not know it is likely to cause death or grievous hurt.
Key Highlights:
- Consent Is Key: If a person willingly agrees to an act that does not have dangerous consequences, the act is not punishable.
- Intent Matters: If the person performing the act had no intention or reasonable knowledge that it could cause serious harm, they are not criminally liable.
- Limited Protection: This section does not apply to acts that result in death or grievous hurt if the person performing the act was aware of the risk.
Illustrations of Section 25 BNS
Example 1: A Friendly Wrestling Match
Two friends decide to wrestle for fun. One of them falls and gets a minor injury. Since both agreed to the activity, and there was no intent to cause harm, this is not an offense.
Example 2: A Medical Procedure with Consent
A doctor performs a minor surgery on a patient with their explicit consent. Since the doctor has no intention of harming the patient and the procedure is safe, this does not constitute an offense.
Common Questions & Answers on Section 25 BNS
1. Does this section apply to dangerous activities like extreme sports?
Yes, if a person voluntarily participates in activities like boxing or bungee jumping, and there is no intent or known likelihood of grievous harm, then it is not an offense.
2. What if the act causes grievous hurt accidentally?
If the person performing the act was unaware that it could cause grievous hurt, Section 25 may apply. However, if they should have reasonably foreseen the risk, other sections of BNS may come into play.
3. Does this section apply to medical procedures?
Yes. If a person gives informed consent for a procedure, and the doctor does not intend to cause harm, the doctor is protected under Section 25.
4. Can this section be misused to justify harmful actions?
No. If a person knew or should have known that their act could cause grievous harm, this section will not protect them.
Conclusion
Section 25 of BNS protects acts done with consent where there is no intent or known likelihood of serious harm. It applies in sports, medical treatments, and other consensual activities but does not excuse reckless or harmful behavior.
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