Section 25 of the Bharatiya Nyaya Sanhita (BNS) states that if an act is done with the consent of a person above 18 years of age and is not intended or known to be likely to cause death or grievous hurt, it shall not be considered an offense, even if some harm occurs.
Key Provisions
No Criminal Liability for Acts Done with Consent
If no intention to cause death or grievous hurt exists, and
The person above 18 years of age has given consent (express or implied) to suffer any harm,
The act will not be considered an offense.
Consent Covers Foreseeable Risks
If a person accepts the risk of harm while voluntarily participating in an activity, the other party is not liable for unintentional harm.
Consent Must Be Given by an Adult
The person giving consent must be 18 years or older.
Consent of a minor does not provide legal protection under this section.
Example
If two people agree to fence for sport, each player consents to the risk of minor injury. If one player accidentally injures the other without foul play, it is not an offense.
If a doctor performs a minor surgery with the patient’s consent, it is not considered a crime even if pain occurs.
How It Protects
Encourages sports and physical activities without fear of legal consequences for accidental harm.
Ensures personal autonomy by allowing individuals to accept calculated risks in activities.
Prevents misuse of criminal laws for cases where consent was given.
