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

CHAPTER III GENERAL EXCEPTIONS

General

Summary

This section says that an act is not an offence if it causes harm to a person who is above eighteen years of age and has given consent, whether express or implied, to suffer that harm, provided the act was not intended to cause death or grievous hurt, and the doer did not know it was likely to cause death or grievous hurt. The same protection applies when the doer knows the act is likely to cause harm, but the person has consented to take the risk of that harm.

The illustration explains this with an example: A and Z agree to fence with each other for amusement. This agreement implies that each consents to suffer any harm that may be caused during the fencing without foul play. If A, while playing fairly, hurts Z, A commits no offence.

Official Text

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.

Illustration. A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
  • ... Appellant/Accused vs State by — Madras High Court (2000)
  • SC (2025) Vol.8 p.785 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • IPC §87 — Act not intended and not known to be likely to cause death or grievous hurt, done by consent