BNS Section 25: Act not intended and not known to be likely to cause death or grievous hurt, done by consent.

Amit Kapoor07 mins

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.

IllustrationsA 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 (Act Not Intended to Cause Death or Grievous Hurt, Done by Consent)

BNS-25 provides legal protection in situations where harm is caused with the consent of the individual, as long as the harm is not intended to result in death or serious injury. This section focuses on consent and the legal boundaries of harm.

1. Lack of Intent to Cause Death or Grievous Hurt

  • The person causing the harm must not intend to cause death or grievous injury. If the intent is to cause serious harm, the act would be considered an offense.

2. Not Known to Cause Death or Grievous Hurt

  • If the person causing harm did not know their actions were likely to cause death or serious injury, they are protected under this section. For example, if harm was accidental and not foreseeable, it is not considered an offense.

3. Consent of the Person

  • The person who is harmed must be above eighteen years of age and must consent to suffer harm. The consent can be explicit (given directly) or implied (suggested through actions or behavior).

4. Express or Implied Consent

  • Express consent occurs when the person directly agrees to the act, while implied consent happens when the person’s actions indicate they accept the risk of harm. For example, participants in contact sports like boxing imply consent to a certain level of 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 in cases like medical procedures or consensual physical activities where harm is a risk but is agreed upon by both parties.

6. Risk of Harm

  • The individual who consents must also understand the risk of harm involved and agree to take that risk. The person causing the harm is not responsible if the individual knowingly accepts the possibility of harm.

7. No Offense Committed

  • If all conditions are met, including consent, age, and lack of grievous harm, the act is not considered an offense, even if harm occurs. The law recognizes an adult’s autonomy to make decisions about their own safety, as long as the harm is not severe.

8. Examples

  • Medical treatments: A patient consents to a risky surgery.
  • Extreme sports: A person participates in activities like skydiving, understanding the risk of injury.
  • In these situations, harm is excused because it was consented to in good faith.

Conclusion

BNS-25 acknowledges that consensual acts, even if they cause harm, should not be penalized as long as the harm is not severe (i.e., death or grievous injury). It emphasizes the autonomy of adults to make informed decisions about risks they choose to take, whether in medical contexts or activities involving physical harm.

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