Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 25: 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.
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.
Brief Detail
Section 25 of the BNS Act stipulates that an act that is neither intended to cause death or grievous hurt nor known to be likely to cause such harm is not considered an offence if it causes harm to a consenting person above eighteen years of age. The consent may be express or implied, and if harm is caused in the course of such an act, the doer will not be held liable for an offence.
Question & Answers
Q: What does BNS Section 25 state about acts causing death or grievous hurt?
A: BNS Section 25 specifies that an act not intended to cause death or grievous hurt, and not known by the doer to be likely to cause such harm, is not considered an offence if it causes harm to a consenting adult. Consent can be either express or implied.
Q: Does consent matter under Section 25 if harm occurs?
A: Yes, consent is crucial under Section 25. An act causing harm is not an offence if the person harmed has consented to suffer that harm, whether the consent is express or implied.
Q: What is the relevance of the illustration in Section 25?
A: The illustration in Section 25 demonstrates that if two individuals agree to engage in an activity like fencing for amusement, and one person is harmed while playing fairly, it is not considered an offence because the consent to take such risks was implied in their agreement.
Example
Example 1:
A and B are participating in a friendly boxing match. A punches B during the match, and B sustains a minor injury. Since both A and B agreed to participate in the boxing match, and the injury was caused in the course of the agreed activity, A is not committing an offence under Section 25.
Summary
Section 25 of the BNS Act provides that if an act is not intended to cause death or grievous hurt and is not known to be likely to do so, it will not be considered an offence if it causes harm to a consenting person over eighteen years of age. This includes both express and implied consent.
