BNS Section 33: Understanding the Legal Consequences of Slight Harm

Amit Kapoor04 mins

Act causing slight harm

Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. Of the right of private defence

Example:
While gettng out of a bus, Rakesh slightly bumped into Vijay and hardly caused any harm to him. Here, Rakesh has not committed any offence. 

Key Points of BNS-33:

  1. Slight Harm:
    • The section exempts acts from criminal liability if the harm caused, or intended, is so slight that no reasonable person of ordinary sense and temperament would complain about it.
    • The harm must be trivial, insignificant, or negligible—something most people would consider too minor to warrant a complaint or legal action.
  2. Reasonable Person Standard:
    • The law applies the “reasonable person” test, which means the harm is evaluated based on what a typical person with ordinary sense and temperament would consider harmful. If the harm is so minimal that such a person would overlook it, it does not constitute an offence.
  3. No Criminal Intent:
    • The section also applies to situations where harm was not intended to cause significant injury, or where the individual knew harm was likely but deemed it too slight to raise a legal issue.
  4. Scope of Application:
    • This exception could apply in everyday minor incidents, such as accidentally bumping into someone or causing slight discomfort, where the consequences are too trivial to be seen as a legal concern and do not result in serious injury or damage.
  5. Context of Private Defence:
    • The section can also relate to the right of private defence, where slight harm caused while exercising self-defense (with minimal and proportional force) may also fall under this exemption. This protects individuals from being criminally liable for actions taken in self-defence that result in minor harm.

Purpose of BNS-33:

  • The section aims to prevent the legal system from wasting resources on trivial matters. It protects individuals from criminal liability for causing harm that is too minor to be objectionable to a reasonable person, promoting fairness and practicality in legal proceedings.

In essence, BNS-33 ensures that the law does not penalize individuals for insignificant or minor actions that cause slight harm, encouraging a reasonable and balanced approach to criminal liability.

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