Section 25 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 25 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the legal permissibility of certain acts done by consent, provided specific conditions are met. This provision is part of the General Exceptions under Chapter III of the BNS
📜 Section 25: Act Not Intended and Not Known to Be Likely to Cause Death or Grievous Hurt, Done by Consent
This section stipulates that an act is not considered an offence if:
The act is not intended to cause death or grievous hurt.
The person performing the act does not know, nor should they reasonably know, that the act is likely to cause death or grievous hurt.
The person to whom the harm is caused is above eighteen years of age and has given consent—either express or implied—to suffer that harm or to take the risk of that harm.
An illustrative example provided is:
"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."
This provision aligns with Section 87 of the Indian Penal Code (IPC), 1860, which similarly exempts acts done with consent that do not intend or are not known to likely cause death or grievous hurt.
Section 25 is particularly relevant in contexts such as sports, medical procedures, and other activities where individuals voluntarily consent to potential harm, provided the conditions outlined are met.(
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