Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two thousand five hundred rupees, or with both, but—
(a) where hurt is caused, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both;
(b) where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.
Simplified Explanation
Section 125 of the Bharatiya Nyaya Sanhita, 2023 addresses the act of endangering life or personal safety due to rash or negligent behavior. The law recognizes that actions which recklessly or carelessly put others’ lives or safety at risk should be punished, depending on the outcome of those actions.
Section 125 – Act Endangering Life or Personal Safety of Others
This section outlines the consequences of engaging in an act that endangers human life or the personal safety of others, particularly when the act is performed with recklessness or negligence.
Subsection (1) – General Punishment for Endangerment
This subsection applies when a person performs an act that endangers human life or safety but does not necessarily result in any injury.
- Offense: The offense involves performing an act that is done rashly (recklessly) or negligently (carelessly), which leads to a situation where human life or the personal safety of others is at risk. This could include actions like dangerous driving, improper handling of hazardous materials, or other similar careless acts.
- Punishment: If no injury occurs, the punishment is:
- Imprisonment of either description (simple or rigorous) for up to three months,
- Fine of up to two thousand five hundred rupees,
- Or both imprisonment and fine.
Subsection (2) – Punishment When Hurt is Caused
This subsection escalates the penalty when the negligent or rash act leads to hurt—a situation where the person is injured, but the injury is not grievous (severe).
- Offense: The act still involves recklessness or negligence, but this time, it results in injury to the person.
- Punishment:
- Imprisonment for a term up to six months,
- Fine up to five thousand rupees,
- Or both imprisonment and fine.
Subsection (3) – Punishment When Grievous Hurt is Caused
This subsection applies when the reckless or negligent act causes grievous hurt, which refers to more serious injuries that could result in permanent disfigurement, life-threatening conditions, or long-term disability.
- Offense: In this case, the act has gone beyond just endangering life or safety and has caused severe injury.
- Punishment:
- Imprisonment for a term up to three years,
- Fine up to ten thousand rupees,
- Or both imprisonment and fine.
Key Points to Remember:
- Rash or Negligent Acts: This law focuses on actions done recklessly or carelessly, even if there was no intention to harm. For example, speeding, unsafe driving, or reckless handling of dangerous objects could fall under this category.
- Escalating Penalties: The penalties increase depending on the severity of the outcome:
- General Endangerment: Up to 3 months imprisonment or a fine of ₹2,500.
- Hurt Caused: If the act leads to injury, the punishment extends to 6 months imprisonment or a fine of ₹5,000.
- Grievous Hurt Caused: If the act causes serious injury, the punishment can be up to 3 years imprisonment or a fine of ₹10,000.
- Purpose: The section serves as a deterrent against actions that put others’ lives and safety at risk. It emphasizes the importance of careful and responsible behavior in situations where harm could occur, even if no injury has yet been inflicted.
- Focus on Result: The law recognizes that the outcome (whether it’s just endangerment, hurt, or grievous hurt) significantly influences the severity of the punishment.
Examples of Applicability:
- Endangerment: A person driving recklessly without causing any crash could still be penalized if their actions endangered others’ lives.
- Hurt: If someone negligently causes an accident and another person gets injured but not severely, the penalty will reflect the injury caused.
- Grievous Hurt: If the same reckless driving causes a serious accident leading to life-threatening injuries or permanent disability, the penalties would be much more severe.
This section aims to hold individuals accountable for their recklessness or negligence when their actions pose a risk to others, with graduated penalties that depend on the level of harm caused.
