Introduction of BNS 25
BNS 25 of the Bharatiya Nyaya Sanhita explains an important principle of consent in law. It deals with situations where a person does an act without intending or knowing that it could cause death or serious injury, and the person who may be affected has given valid consent. If the individual giving consent is 18 years or older and understands the risk, the law does not consider it a crime.
This section is a modern replacement of IPC Section 87, ensuring that people are not unfairly punished when an act is done with mutual agreement, without harmful intent, and without knowledge of serious risk. It highlights the importance of free consent, absence of malicious intent, and fairness in judgment under Indian criminal law.
The Bharatiya Nyaya Sanhita (BNS) Section 25 replaces the old Indian Penal Code (IPC) Section 87.
What is Section 25 BNS ?
BNS Section 25 explains that if a person does something without trying to cause death or serious injury, and the person who might get hurt is an adult who has agreed to take the risk, then it is not a crime. The important point is that the person doing the act should not know that it could cause death or serious injury.
Section 25 Bharatiya Nyaya Sanhita
“Act not intended and not known to be likely to cause death or grievous hurt, done by consent.”
(This corresponds to IPC Section 87, updated under BNS 2023.)
1. Meaning of Section 25
BNS Section 25 means that if a person does an act without intending or knowing that it could cause death or grievous hurt, and the person who may get hurt is 18 years or older and has consented, the act is not considered a crime.
It protects actions where the risk was accepted voluntarily by adults.
2. Purpose of Section 25
- To protect lawful activities done with mutual consent.
- To prevent unnecessary criminal cases where people willingly take risks.
- To respect the freedom of adults to make their own choices.
- To differentiate between intentional harm and consented risk.
3. Essential Ingredients of Section 25
For this section to apply, these conditions must be met:
- No Intention – The act was not intended to cause death or grievous hurt.
- No Knowledge – The person did not know the act could cause such harm.
- Consent – The injured person consented to the act.
- Age Condition – Consent must be given by someone 18 years or above.
4. Punishment under BNS Section 25
- If all the conditions are satisfied → No punishment (because it is not considered an offence).
- If intention or knowledge of harm is proven → The person may be held criminally liable.
- Civil Liability → Even if no crime, the person may need to compensate for damages in civil law.
5. Examples of BNS Section 25 in Action
- Example 1 – Friendly Boxing Match: Two adults agree to a boxing match. One gets injured. → Not a crime, as both accepted the risk.
- Example 2 – Sports Accident: During a football game, a player fractures another’s leg. → Not a crime, as it was within the rules and risks of the sport.
- Example 3 – Tattoo Agreement: An adult agrees to get a tattoo. If pain or minor injury happens, it’s not a crime because consent was given.
6. Importance of BNS Section 25
- Protects voluntary risks taken by adults.
- Encourages sports, games, and other activities where injuries are possible.
- Balances freedom of consent with criminal liability.
- Ensures that only intentional or knowingly harmful acts are punishable.
- Updates IPC Section 87 with modern clarity in BNS 2023.
BNS Section 25 Explanation
1. No Intention to Harm
The first rule is that the person doing the act must not have any plan or wish to cause death or serious injury. Their purpose should be something else, like play, training, or treatment. For example, a doctor giving an injection causes pain, but the doctor’s intention is to cure, not harm.
2. No Knowledge of Possible Harm
Along with no bad intention, the person must also not know that their act could cause death or serious injury. If they are aware that the act could be very dangerous and still do it, this protection does not apply. The law only allows harmless or low-risk actions.
3. Consent Given by the Person
The person who may get hurt must agree to take the risk. This consent is important because no one should be forced. The agreement can be given by words, by writing, or even by actions that clearly show acceptance.
4. Consent Can Be Clear or Understood
Sometimes, people don’t need to say the words “I agree” out loud. The situation itself can show consent. For example, if two adults join a boxing match, both know punches will happen. Their choice to join the game itself shows they agreed.
5. No Crime if Rules are Followed
If there is no bad intention, no knowledge of danger, and proper consent is given, then the act is not treated as a crime. The law recognizes that people knowingly took part in the activity and accepted small risks.
6. Age Requirement for Consent6. Age Requirement for Consent
For consent to be valid, the person must be 18 years or older. The law believes only adults can make responsible decisions about their own safety. Consent given by a child is not legally valid because they may not fully understand the risks.
7. Acceptance of Risk
The law says that the person who may get hurt must accept the possible risk. This means they understand that something small like scratches, pain, or minor injuries can happen, and they are okay with it. Without this acceptance, the act may be treated as a crime.
8. Harm with Agreement is Not Punished
If someone gets hurt after agreeing to take the risk, the other person is not punished. For example, if two people play wrestling and one gets bruised, the law does not call it a crime because both knew and accepted the risk before playing.
9. Example of Fair Play
Games and sports are good examples. In boxing, football, or fencing, injuries may happen. But since players agreed to play, such harm is not illegal. The law sees it as “fair play,” where risks are part of the activity.
10. When the Law Applies
This law applies only when all conditions are met: no harmful intention, no knowledge of serious danger, valid consent, and adult understanding. It protects normal activities like sports, medical treatments, or training, where both sides understand the risks.
Bharatiya Nyaya Sanhita Section 25
| Section | Provision | Key Condition | Consent Requirement | Age of Consent | Legal Effect |
|---|---|---|---|---|---|
| BNS Section 25 | Protects a person from criminal liability if an act is done without intent to cause death or grievous hurt, with valid consent. | The act must not be intended or known to cause death or grievous injury. | Consent of the person harmed must be free, clear, and informed. | 18 years and above (valid consent only by adults). | No offence is made out if all conditions are met; mutual understanding is legally recognized. |
| IPC Section 87 (Old) | Earlier provision under IPC giving protection when harm was done with consent, provided there was no intent to cause death or grievous hurt. | Same requirement — act must not be intended or known to cause serious harm. | Consent of the injured person was essential for protection. | 18 years and above (same age threshold as BNS). | Provided legal defence against criminal liability where valid consent existed. |
BNS Section 25 FAQs
What is BNS Section 25 about?
It is about actions where there was no intention or knowledge of causing harm, and the person who got hurt agreed to the risk.
Is it a crime if harm happens but with consent?
No, if the person who got hurt agreed to take the risk and all other conditions are met, it is not a crime.
What is the age requirement for consent under BNS Section 25?
The person must be at least 18 years old to give valid consent.
Can the agreement to take the risk be understood without saying it?
Yes, the agreement can be understood from the situation, not just spoken or written.
Does BNS Section 25 apply if the person intended to cause harm?
No, this section only applies if the harm was not intended.
Conclusion
BNS Section 25 brings clarity to cases involving consensual acts where harm may occur unintentionally. The key conditions are simple:
- There must be no intention to cause death or grievous hurt.
- The person must not know that their act is likely to cause such harm.
- The affected individual must be 18 years or older and must have willingly consented to the act.
By adopting this provision, the Bharatiya Nyaya Sanhita ensures a fair balance between personal freedom and legal responsibility. It protects individuals who take part in consensual activities—like sports, competitions, or risky but voluntary actions—from being unfairly criminalized. In short, when there is valid consent and no wrongful intention, there is no crime under BNS Section 25.
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Finished with BNS Section 25 ? 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 Section 26 : Act not intended to cause death, done by consent in good faith for person’s benefit
https://marriagesolution.in/bns_section/bns-26/ - BNS Section 27 : Act done in good faith for benefit of child or person with mental illness, by or by consent of guardian
https://marriagesolution.in/bns_section/bns-27/ - BNS Section 28 : Consent known to be given under fear or misconception
https://marriagesolution.in/bns_section/bns-28/ - BNS Section 29 : Exclusion of acts which are offences independently of harm caused
https://marriagesolution.in/bns_section/bns-29/ - BNS Section 30 : Act done in good faith for benefit of a person without consent
https://marriagesolution.in/bns_section/bns-30/
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- Full IPC Section List: https://marriagesolution.in/ipc-section-list
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