BNS Section 125 – Act endangering life or personal safety of others
IPC Section – 336-338
Act endangering life or personal safety of others
Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two thousand five hundred rupees, or with both, but
(a) where the hurt is caused, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both;
(b) where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.
Example:
At Rakesh’s wedding, Vijay fires celebratory gun shots in the air, which hit Amit, thereby causing grievous hurt to him. Vijay is guilty under S.125 BNS.
Act Endangering Life or Personal Safety of Others (BNS-125)
1. What is the Offence?
This law deals with rash or negligent acts that endanger human life or the personal safety of others. These acts may not be intentional but are done carelessly, posing a risk to others.
2. Key Elements of the Offence
- Rash or Negligent Acts:
Actions that are done without caution or care, putting others at risk. - Endangering Life or Safety:
The act must pose a danger to human life or personal safety.
3. General Punishment
- Offence: Doing any act that endangers human life or personal safety.
- Punishment:
- Imprisonment: Up to 3 months (rigorous or simple).
- Fine: Up to ₹2,500, or both imprisonment and fine.
- Type of Offence:
- Cognizable: Police can arrest without a warrant.
- Bailable: The accused can claim bail as a right.
- Court: The case will be tried by any Magistrate.
4. Enhanced Punishment Based on Consequences
a. If Hurt is Caused:
- Offence: Rash or negligent act causing hurt to another person.
- Punishment:
- Imprisonment: Up to 6 months.
- Fine: Up to ₹5,000, or both imprisonment and fine.
- Type of Offence:
- Cognizable: Police can arrest without a warrant.
- Bailable: The accused can claim bail as a right.
- Court: The case will be tried by any Magistrate.
b. If Grievous Hurt is Caused:
- Offence: Rash or negligent act causing grievous hurt to another person.
- Punishment:
- Imprisonment: Up to 3 years.
- Fine: Up to ₹10,000, or both imprisonment and fine.
- Type of Offence:
- Cognizable: Police can arrest without a warrant.
- Bailable: The accused can claim bail as a right.
- Court: The case will be tried by any Magistrate.
5. Summary
- Rash or negligent acts that endanger human life or personal safety are punishable with imprisonment and fines.
- If the act causes hurt, the punishment increases to up to 6 months imprisonment and a fine of up to ₹5,000.
- If the act causes grievous hurt, the punishment increases to up to 3 years imprisonment and a fine of up to ₹10,000.
Summary of Offences and Punishments
Offence | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Court |
---|---|---|---|---|
Doing any act endangering human life or personal safety | Up to 3 months jail, fine of ₹2,500, or both | Cognizable | Bailable | Any Magistrate |
Where hurt is caused | Up to 6 months jail, fine of ₹5,000, or both | Cognizable | Bailable | Any Magistrate |
Where grievous hurt is caused | Up to 3 years jail, fine of ₹10,000, or both | Cognizable | Bailable | Any Magistrate |