BNS Section 25 - Act Not Intended And Not Known To Be Likely To Cause Death Or Grievous Hurt, Done By Consent

The Bharatiya Nyaya Sanhita, 2023 (BNS) Section 25 states an exception to criminal liability. An act, although not purposefully intended to cause death or grievous hurt, and not known by the doer to be likely to cause death or grievous hurt to a person over the age of eighteen who has given express or implied consent to suffer that harm or to incur the risk of incurring that harm, is not an offence. The BNS Section 25 common law exception acknowledges the autonomy of adults agreeing to undertake certain actions that might, as a consequence, cause them minor harm, especially in sports or other consensual activities contexts. BNS Section 25 is the direct equivalent and re-statement of the previous Indian Penal Code (IPC) Section 87. Understanding this section is important so that we can distinguish between acts that are consensual and acts that amount to an offence, even though the acts occur to a person who only suffers minor harm.

In this article, you will get to know about 

• Simplified Explanation of Section 25 of BNS.
• Key Details.
• Practical Examples Illustrating BNS Section 25.

Legal Provision

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

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.

Simplified Explanation

To put it simply, BNS Section 25 means that if you do something to another adult (over 18 years) that you did not 'intend to kill' or cause serious injury to and that you did not think was even likely to kill or cause serious injury, then if that person agreed to it, you would not be committing an offense. This agreement can either be expressed (like if you said "yes, I will participate") or implied (like if you assumed you'd join in with your buddies for a "friendly" wrestling match).

The key elements of BNS Section 25 are:

• No Intention of Death or Grievous Hurt: The individual must not have intended through the act to cause death or grievous hurt (serious bodily injury).
• No Knowledge of Likelihood of Death or Grievous Hurt: The individual must not have known that their act was likely to cause death or grievous hurt.
• Consent of the Sufferer: The individual who suffers the harm must be over eighteen years of age and must have consented to suffer that harm or to take the risk of harm. That consent may take the form of express consent or be implied from the individual’s actions and participation.
• Age of Consent: The individual providing consent must have been aged over eighteen. This requirement shows that the law recognizes there is value in adult autonomy and decision-making regarding their own bodies and risks.
• Nature of Harm: The section deals with harm that does not constitute or is less than death or grievous hurt.  Where the act is intended or known likely to cause death or grievous hurt, consent is, generally, no defence (subject to notable exceptions such as Section 88 and Section 89 of the IPC, now BNS).

Key Details

Practical Examples Illustrating BNS Section 25

A few examples of Section 25 of BNS are:

Friendly Sparring

Both 'A' and 'B' are adults who agree to box together in a friendly spar for fitness and recreation. Each is wary of causing any grievous injury to the other, and is both aware that some black and blue marks may take place. If 'A' accidentally makes 'B' a black eye whilst in a fair contest, 'A' has committed no offense under BNS Section 25, since 'B' has consented to take the risk of some such minor harm, in a sport that neither was intended, nor known, to cause serious injury.

Participating in Sports

'E' and 'F', both over the age of 18, are playing paintball and understand the rules and the possibility of being shot by paintballs, which may cause temporary stinging or welts. If 'E' shoots a paintball at a player 'F' that leaves a welt on 'F', 'E' has committed no offence because 'F' has implicitly consented to the risk of that minor harm by playing paintball, which is not intended or intended to cause death or grievous harm.

Key Improvements And Changes: IPC Section 87 To BNS Section 25

A comparison of both Sections provides a small but significant difference in the manner in which the provision is drafted. In IPC Section 87, the illustration of fencing was given separately after the main body of the section. In BNS Section 25, the illustration is part of the main text by the use of the word "Illustration:". 

Although no changes were made to the legal principle of "understanding" itself, the integration of the illustration into the text does make the application of the section clearer and simpler to take in, as it provides a direct and explicit example immediately within the definition. It reinforces the intention of the legislation and provides a real-life situation from which to interpret. Consequently, the change was broadly primary structural and for clarity rather than a substantive change of the legal principle.

Conclusion

Just as BNS Section 25, which follows immediately after IPC Section 87, provides that consensual actions between adults (greater than 18) which do not cause death or grievous hurt and are not intended or known to be likely to cause death or grievous hurt are not offences simply because harm occurred. This means that, accepting some minor possibility of harm, individuals may engage in activities such as sports, games, or other consensual actions, which the examples in Section 25 confirm. The inclusion of the illustrative example in the main text of BNS Section 25 makes it easier to interpret. The provision balances the ability to protect individuals from serious harm with their acceptability of engaging in activities that could foreseeably cause minor injuries.

FAQs

A few FAQs are:

Q1 - Why was IPC Section 87 revised and replaced with BNS Section 25?

IPC Section 87 was not specifically revised; the entire Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023, as part of a comprehensive reform of India's criminal laws. BNS Section 25 is the corresponding provision that re-enacts the defense of consent in acts not intended or known to cause death or grievous hurt. The key "revision" is the integration of the illustrative example within the main text for better clarity.

Q2 - What are the main differences between IPC Section 87 and BNS Section 25?

The primary difference is structural. BNS Section 25 integrates the illustrative example of fencing directly into the main text of the section, whereas it was a separate illustration following the main text in IPC Section 87. The core legal principle remains the same.

Q3 - Is BNS Section 25 a bailable or non-bailable offense?

BNS Section 25 does not define an offense itself; it provides a defense against an act that would otherwise be an offense. If the conditions of BNS Section 25 are met, no offense is committed. Therefore, the question of bailability or non-bailability is not directly applicable to this section itself. It pertains to the nature of the alleged act that caused harm.

Q4 - What is the punishment for an offense under BNS Section 25?

BNS Section 25 states that under the specified conditions (no intention or knowledge of likelihood of death or grievous hurt, and consent of an adult), the act is not an offense. Therefore, no punishment is prescribed under this section itself. If the conditions of this section are not met, the act would be judged under other relevant sections of the BNS that define the specific offense committed.

Q5 - What is the fine imposed under BNS Section 25?

Similarly, since BNS Section 25 clarifies that the described act is not an offense, no fine is imposed under this section. Any potential fine would be associated with the specific offense committed if the conditions of this section are not satisfied.

Q6 - Is the offense under BNS Section 25 cognizable or non-cognizable?

Again, BNS Section 25 does not define an offense. The cognizable or non-cognizable nature would depend on the specific act that caused harm and the relevant offense defined elsewhere in the BNS, if the defense under Section 25 does not apply.

Q7 - What is the BNS Section 25 equivalent of IPC Section 87?

The BNS Section 25 equivalent of IPC Section 87 is BNS Section 25 itself. It directly replaces and re-enacts the same legal principle concerning the defense of consent in acts not intended or known to cause death or grievous hurt, with a structural change of integrating the illustration.