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Section 25 BNS: Act Not Intended or Known to Be Likely to Cause Death or Grievous Hurt, Done by Consent

Section 25 of the Bharatiya Nyaya Sanhita, 2023 provides a general exception for certain acts done with the consent of a person above eighteen years of age. The exception applies only where death or grievous hurt is neither intended nor known by the doer to be likely, subject to the conditions stated in the section.

Current legal position: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions, except section 106(2), were brought into force from July 1, 2024.

Text of Section 25 of the Bharatiya Nyaya Sanhita, 2023

25. Act not intended and not known to be likely to cause death or grievous hurt, done by consent.

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.

Meaning and Essential Conditions of Section 25 BNS

Section 25 recognizes that an adult may, within the limits fixed by law, consent to suffer a particular harm or consent to take the risk of that harm. When all statutory conditions are satisfied, the act is not treated as an offence merely because the contemplated harm occurs.

Illustration Under Section 25

The statutory illustration describes A and Z agreeing to fence with each other for amusement. Their agreement implies consent to suffer harm that may occur during fair fencing. If A plays fairly and hurts Z without foul play, A commits no offence merely because that harm occurred.

Why Consent Is Limited Under Section 25

Consent does not create an unlimited defence. Section 25 itself excludes conduct intended to cause death or grievous hurt and conduct known by the doer to be likely to cause death or grievous hurt. The validity and legal effect of consent must also be read with the surrounding general-exception provisions of the BNS, including the rules concerning consent affected by fear or misconception.

In particular, Section 28 BNS deals with consent known to be given under fear or misconception. Section 29 BNS further clarifies that the consent-related exceptions do not extend to acts that are offences independently of the harm caused.

Related BNS Provisions

Section 21: Act of a child above seven and under twelve years of immature understanding Section 22: Act of a person of unsound mind Section 23: Incapacity by involuntary intoxication Section 24: Offence requiring particular intent or knowledge committed by an intoxicated person Section 26: Act not intended to cause death, done by consent in good faith for a person's benefit Section 27: Act done in good faith for benefit of child or person of unsound mind Section 28: Consent known to be given under fear or misconception Section 29: Exclusion of acts independently constituting offences Section 30: Act done in good faith for benefit of a person without consent

Practical Summary

Section 25 BNS protects conduct involving consensual harm or consensual assumption of risk only within the statutory boundary. The consenting person must be above eighteen years of age, and the doer must neither intend death or grievous hurt nor know the act to be likely to cause death or grievous hurt. Whether the exception applies in a particular case depends on the facts, the nature and scope of consent, and the other applicable provisions of the BNS.

This page reproduces and explains the statutory provision for general legal information. For the authoritative text, refer to the official sources listed on this page.