Section 33 BNS: Act Causing Slight Harm
Section 33 of the Bharatiya Nyaya Sanhita, 2023 deals with acts causing harm that is so slight that a person of ordinary sense and temper would not complain of it. The provision forms part of the general exceptions under the BNS.
Section 33 of the Bharatiya Nyaya Sanhita, 2023
33. Act causing slight harm. 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.
Meaning of Section 33 BNS
Section 33 recognizes that criminal law is not intended to treat every insignificant or trivial harm as an offence. The test in the section is whether the harm is so slight that a person of ordinary sense and temper would not complain about it.
The wording covers three situations: where the act actually causes harm, where the person intended to cause the harm, and where the person knew the act was likely to cause the harm. Even in those situations, the section can apply when the harm satisfies the statutory threshold of being too slight for an ordinary person to complain of.
When can Section 33 apply?
Application of Section 33 depends on the facts and circumstances of the particular case. The statutory focus is on the degree of harm and the response expected from a person of ordinary sense and temper. The provision does not create a fixed numerical or monetary threshold for determining when harm is slight.
Accordingly, factors such as the actual nature of the harm, its seriousness, surrounding circumstances, and whether an ordinary person would reasonably consider the matter worthy of complaint may become relevant when the provision is considered.
Does Section 33 prescribe a punishment?
No separate punishment is prescribed under Section 33. It operates as an exception. Where the requirements of Section 33 are satisfied, the act is not treated as an offence merely by reason of the slight harm described in the provision.
Section 33 BNS and the old IPC provision
| Current law | Earlier corresponding provision | Subject |
|---|---|---|
| Section 33, Bharatiya Nyaya Sanhita, 2023 | Section 95, Indian Penal Code, 1860 | Act causing slight harm |
The BNS now governs this subject for offences to which the new criminal law applies. The Bharatiya Nyaya Sanhita, 2023 received Presidential assent on December 25, 2023, and its provisions generally came into force on July 1, 2024, subject to the notified exception concerning Section 106(2).
Related BNS provisions
Section 33 appears immediately after Section 31 - Communication made in good faith and Section 32 - Act to which a person is compelled by threats. It is followed by provisions relating to private defence beginning with Section 34 - Things done in private defence.
Official legal sources
Official BNS text: Ministry of Home Affairs - New Criminal Laws
Commencement notification: Gazette Notification dated February 23, 2024 - BNS commencement
Frequently asked questions
What does Section 33 BNS mean?
It means that a person is not criminally liable merely because an act causes, is intended to cause, or is known to be likely to cause harm when that harm is so slight that an ordinary person would not complain of it.
Is every minor injury automatically covered by Section 33?
No. The section does not automatically exempt every minor injury. Whether the harm is sufficiently slight depends on the statutory standard and the facts of the case.
Is Section 33 a general exception?
Yes. Section 33 is placed in Chapter III of the Bharatiya Nyaya Sanhita, 2023, which contains general exceptions.