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
Section 25 of the Bharatiya Nyaya Sanhita (BNS), titled “Act Not Intended and Not Known to be Likely to Cause Death or Grievous Hurt, Done by Consent,” addresses situations where a person performs an act with the consent of another, without intending or foreseeing any serious harm. This section provides immunity from criminal liability when an act is consensual and is not expected to cause death or grievous injury.
Key Points of Section 25
- Consent of the Other Party:
- This section applies when an individual performs an act with the informed consent of the other person involved. Consent implies that the person affected by the act agrees to it willingly and understands its general nature.
- No Intention to Cause Serious Harm:
- The person performing the act must not intend to cause death or grievous hurt. This means that their actions are not aimed at causing serious injury and are not meant to endanger the other person’s life.
- Unlikelihood of Serious Harm:
- For immunity to apply, the person performing the act must not reasonably foresee any serious risk of death or grievous hurt. The act should be of a nature where such consequences are unexpected or unlikely, based on the circumstances and the intent behind the action.
- Good Faith Actions:
- Section 25 assumes that the act is done in good faith, with no malicious intent or recklessness involved. The individual must have acted responsibly and without neglect, with the understanding that their actions are safe within reasonable expectations.
- Examples of Protected Actions:
- For example, if two people agree to engage in a low-risk physical activity (such as sports) and one person inadvertently causes minor injury to the other, Section 25 may apply if there was no intent to harm and no expectation of serious injury. Similarly, a person giving consensual medical treatment without intending harm may be protected under this section if unforeseen, minor complications arise.
- Exclusion of Reckless or Dangerous Acts:
- This section does not protect individuals who act recklessly or engage in actions likely to cause serious harm, even if consent was given. Consent does not extend to actions that are inherently dangerous or performed without regard for safety.
- Judicial Assessment of Intent and Foreseeability:
- Courts evaluate the context, intent, and circumstances of the act to determine whether the person reasonably foresaw the risk of serious harm. This includes assessing whether the consent was informed and whether the act itself was one that could reasonably be considered safe.
Purpose of Section 25
The purpose of Section 25 is to recognize situations where individuals voluntarily participate in activities without intending or foreseeing serious harm, and where consent is given freely. This section protects people from criminal liability when their actions are safe and consensual, aiming to ensure fairness in cases where no serious harm was intended or anticipated. By providing immunity in consensual, low-risk scenarios, Section 25 balances personal autonomy with accountability, ensuring that individuals are not punished for unintended, minor consequences arising from well-intentioned, consensual actions.
