Introduction of BNS Section 33
BNS 33 of the Bharatiya Nyaya Sanhita (BNS) deals with acts that cause only slight or trivial harm. The section makes it clear that if the harm is so minor that a reasonable person would not complain about it, then it is not treated as an offence. This ensures that the justice system does not waste time on petty matters and focuses on serious crimes.
The Bharatiya Nyaya Sanhita (BNS) Section 33 replaces the old Indian Penal Code (IPC) Section 95.
What is section 33 of BNS ?
BNS Section 33 explains that causing or intending to cause very minor harm is not a crime. If the harm is so insignificant that a reasonable person would not be upset, it does not lead to legal consequences.
BNS Section 33 in Simple Points
An act which causes harm, but the harm is so slight that no reasonable person would complain about it, shall not be considered an offence.
1. Meaning and Scope of BNS Section 33
BNS Section 33 provides that if an act causes harm, but the harm is so minor that a reasonable person would not complain, then such an act is not considered an offence under law. The legislature has clearly recognized that in day-to-day human interactions, small inconveniences or trivial physical contact are bound to occur. It would be impractical to treat every such small harm as a criminal offence.
This section draws a clear boundary between real harm that affects society and slight harm that people should ignore in daily life.
2. Objective of the Section
The primary objective of BNS Section 33 is to avoid unnecessary legal proceedings in cases where the injury or damage is extremely minor. Without such a provision, courts would be flooded with petty disputes and trivial complaints. The law ensures that the criminal justice system remains focused on serious crimes that actually disturb social order, rather than wasting resources on insignificant matters.
It also promotes social tolerance and practicality by recognizing that people must learn to overlook minor irritations in daily life.
3. Essential Ingredients of Section 33
For this protection to apply, a few conditions must be satisfied:
- Slight Harm – The harm caused must be so small that no reasonable person would complain.
- Reasonable Person Standard – The test is objective. Courts consider what a normal, sensible person would do in the same situation.
- Intent Irrelevant – Even if the harm was intentional, it will not be an offence if it is too minor.
- No Lasting Damage – If there is no permanent injury or significant loss, the act is considered trivial.
This ensures that both intentional and accidental trivial harms are excluded from the category of offences.
4. Punishment under BNS Section 33
There is no criminal punishment if the act falls under BNS Section 33. Since the act is not considered an offence, the accused cannot be prosecuted in criminal court. However, in certain rare situations, the affected person may still pursue civil remedies such as claiming small compensation, but criminal liability is excluded.
This distinction helps protect individuals from unnecessary harassment in courts while still preserving a path for minor compensation through civil law.
5. Examples of Slight Harm under Section 33
To understand the application of this law, here are some practical examples:
- Light Bump in Crowd: If someone brushes against you in a busy market, it is too minor to be a crime.
- Accidental Stepping on Foot: If a person accidentally steps on your shoe, it may be irritating, but it is not legally punishable.
- Playful Gesture: A friend tapping your shoulder or giving a playful push without injury cannot be treated as an offence.
- Minor Water Splash: If a few drops of water fall on your clothes accidentally, it does not amount to an offence.
These examples show that the law emphasizes tolerance in social interactions.
6. Importance of BNS Section 33 in Criminal Law
BNS Section 33 is a vital safeguard that prevents the misuse of criminal law for petty grievances. It ensures that the criminal justice system is not misused for personal revenge or harassment in cases of trivial harm. By focusing only on serious offences, the law balances fairness with practicality.
It also encourages citizens to be more patient and understanding, reducing unnecessary conflicts and litigation. In this way, Section 33 plays an important role in maintaining efficiency and common sense within the justice system.
Section 33 BNS Overview
BNS Section 33 states that if an act causes harm, but the harm is so minor that a reasonable person wouldn’t complain about it, then it is not considered an offense. This means that not every small injury or inconvenience is legally punishable if it’s too insignificant.
10 Key Points about BNS Section 33
1. Minor Harm Isn’t an Offense
BNSS Section 33 makes it clear that if the harm caused by an act is very slight, it does not qualify as an offense. The law recognizes that not every small injury or inconvenience should be treated as a criminal matter. This prevents trivial actions from being unnecessarily punished.
2. Reasonable Person’s Perspective
The law measures harm through the eyes of a “reasonable person.” If an ordinary individual with normal sense and temperament would not complain about the harm, then it is not legally significant. This standard ensures fairness and avoids overreaction to very minor issues.
3. Intent Doesn’t Matter If Harm Is Slight
Even if the act was intentional, it is not treated as an offense when the harm caused is too insignificant. For example, if someone playfully pushes a friend and it causes no real injury, the intent is not important because the harm itself is negligible.
4. Knowledge of Likely Harm
If the person committing the act knew that their action could cause very slight harm, the law still does not consider it an offense. The key point is that the level of harm must be so minor that no reasonable complaint could arise from it.
5. Prevents Unnecessary Legal Action
This section helps courts and police avoid wasting time on petty complaints. Without this rule, even the smallest scratch, bump, or inconvenience could lead to legal cases. By filtering out such matters, the law allows focus on more serious issues.
6. Focus on Serious Harm
The law is structured to address acts that cause real injury, damage, or threat to society. Section 33 ensures that only meaningful harm is punishable while slight and trivial harm is ignored. This balance makes the justice system more practical and efficient.
7. Encourages Tolerance
By not treating every tiny inconvenience as a crime, the law promotes social tolerance. It reflects the idea that in daily life, small irritations or minor physical contact are normal and should not be exaggerated into criminal complaints.
8. Examples of Slight Harm
A small scratch, a playful shove, or minor inconvenience that causes no lasting pain or damage are examples of harm covered under this section. These acts may be unpleasant but are too insignificant to be considered offenses.
9. No Legal Punishment
If harm is classified as “slight” under Section 33, no legal punishment can be imposed. The law shields individuals from criminal liability when their actions cause only trivial damage that a reasonable person would ignore.
10. Importance in Everyday Life
This section reflects common sense in daily living. People frequently face minor inconveniences or slight physical contact in public spaces. BNSS Section 33 ensures that such everyday situations don’t turn into legal disputes, thereby keeping the justice system free from unnecessary cases.
Bharatiya Nyaya Sanhita Section 33
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 33 | Acts which cause only slight harm — harm so minor that a reasonable person would not complain — are not treated as offences. Focus is on the “reasonable person” standard and practical tolerance of trivial injuries or inconveniences. | No criminal punishment where the harm is classified as slight under the section. The law excludes trivial physical contacts or minor annoyances from criminal liability. | Not applicable (section removes criminality; bailability is irrelevant where no offence exists). | Not applicable (no cognizable offence arises when protection applies). | Not applicable (no trial for criminal charges when act falls within the slight-harm exclusion). |
| IPC Section 95 (Old) | Traditional IPC wording that excludes from criminality acts causing slight harm — described as harm so slight that “no person of ordinary sense and temper” would complain. Serves to avoid criminalizing trivial conduct. | No criminal punishment when the harm is adjudged slight under IPC 95; substantive IPC penalties apply only where harm is more than trivial. | Not applicable — whether bailable depends on the substantive offence if harm exceeds the slight threshold. | Cognizability follows the underlying substantive offence when conduct is not covered by the slight-harm exclusion. | Tried by ordinary criminal courts under IPC where the act is not excluded as slight harm. |
BNS Section 33 FAQs
What does BNS Section 33 cover?
BNS Section 33 covers situations where harm is caused, but the harm is so minor that it doesn’t count as an offense.
Is slight harm always ignored by the law?
Yes, if the harm is so slight that a reasonable person wouldn’t complain about it, the law doesn’t consider it an offense.
Does intent make a difference in slight harm cases?
No, even if the harm was intended, it’s not an offense if the harm is very minor.
Can I sue someone for slight harm under BNS Section 33?
No, if the harm is considered slight, the law doesn’t support legal action for it.
Why does the law ignore slight harm?
The law ignores slight harm to prevent unnecessary legal cases over trivial matters and to encourage tolerance in everyday life.
Conclusion
BNS Section 33 plays a vital role in safeguarding individuals who are forced to act under the threat of immediate death. While it protects victims of coercion, it also draws clear boundaries by excluding murder and serious offenses against the State. This ensures a balance between justice and compassion in extreme situations. By understanding Section 32 of the Bharatiya Nyaya Sanhita, one can better appreciate how Indian law distinguishes between genuine compulsion and voluntary criminal behavior.
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Finished with BNS Section 33 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding..
- BNS 34 : Things done in private defence.
- https://marriagesolution.in/bns_section/bns-34/
- BNS 35 : Right of private defence of the body and of property.
- https://marriagesolution.in/bns_section/bns-35/
- BNS 36 : Right of private defence against the act of a person with mental illness, etc.
- https://marriagesolution.in/bns_section/bns-36/
- BNS 37 : Acts against which there is no right of private defence.
- https://marriagesolution.in/bns_section/bns-37/
- BNS 38 : When the right of private defence of the body extends to causing death.
- https://marriagesolution.in/bns_section/bns-38/
- BNS 39 : When such right extends to causing any harm other than death.
- https://marriagesolution.in/bns_section/bns-39/
- BNS 40 : Commencement and continuance of the right of private defence of the body.
- https://marriagesolution.in/bns_section/bns-40/
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list
Full IPC Section List: https://marriagesolution.in/ipc-section-list