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.
IPC Section 95: Simplified Explanation
IPC Section 95 of the Indian Penal Code (IPC) deals with the principle of “de minimis non curatlex,” which translates to “the law does not concern itself with trifles.” This section essentially provides that the law does not take notice of minor offences or actions that cause harm so slight that no person of ordinary sense and temper would complain about it. This provision serves as a legal acknowledgement that the criminal justice system should focus on matters of significance and not be burdened with petty issues that have negligible impact.
The key aspects of Section 95 can be summarised as follows:
- Triviality: The essence of this section is to exclude from criminal liability those acts where the harm caused or likely to be caused is so minor that it does not merit prosecution. This recognises the practical necessity of ensuring that legal resources are not wasted on inconsequential matters.
- Reasonableness: The standard applied is that of a reasonable person. The harm must be so slight that a person of ordinary sense and temper would not complain. This introduces a subjective element in determining what constitutes a “trifle,” relying on common sense and societal norms to make such a judgment.
- Objective Criteria: While assessing what is considered trivial is inherently subjective, applying this section requires an objective analysis based on the facts of each case. Courts will consider the context, the parties involved, and the nature of the act itself to determine whether the harm is negligible.
- Exclusion from Liability: Acts falling under this section are not considered offences under the IPC. This means that if an act is deemed trivial under Section 95, it does not give rise to criminal liability, and thus, no legal action can be initiated for such acts.
IPC Section 95 plays an important role in the administration of justice, ensuring that the law maintains its focus on matters of genuine concern and significance. It reminds us that not every minor infraction or slight harm needs to be escalated into a legal dispute, promoting a more pragmatic and efficient approach to criminal law enforcement.
