Section 33 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 33 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the legal principle concerning acts that cause only slight harm. This provision ensures that individuals are not penalized for minor injuries or inconveniences that a reasonable person would not consider worth complaining about
📜 Text of Section 33
Section 33
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.
⚖️ Legal Implications
Trivial Harm Exemption: Acts causing minimal harm—such as a minor scratch or a brief inconvenience—do not constitute an offence if they would not be complained about by an average person.
Reasonable Person Standard: The law applies an objective test, evaluating whether a person of ordinary sense and temper would find the harm negligible.
Scope of Application: This section is particularly relevant in cases involving self-defence, where minimal force is used to prevent harm.
🧾 Comparison with Indian Penal Code (IPC)
Section 33 of the BNS, 2023 corresponds to Section 95 of the Indian Penal Code (IPC), 1860, which similarly exempts acts causing slight harm from being considered offences.
📌 Summary
Section 33 of the BNS, 2023 provides a legal safeguard for individuals whose actions result in minimal harm, ensuring that they are not unjustly penalized for minor incidents. This provision reflects a balanced approach in criminal law, recognizing that not all harmful acts warrant legal action, especially when the harm is trivial and would not be complained about by a reasonable person.
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