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Section 125 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of Act Endangering Life or Personal Safety of Others, specifying acts that put the life, health, or personal safety of others at significant risk, without necessarily causing direct harm.
Section 125 of the BNS 2023 States:
Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two thousand five hundred rupees, or with both, but—
(a) where hurt is caused, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both;
(b) where grievous hurt is caused, shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both
Section 125 primarily addresses situations where an individual’s rash or negligent behavior endangers the safety of others. The section emphasises the importance of taking reasonable care and avoiding actions that could lead to harm, either accidentally or due to carelessness. When such actions result in hurt or grievous hurt, the penalties become more severe.
This refers to actions where an individual does not take proper precautions or exercises a level of care expected in a situation, thus endangering others. For instance, driving a vehicle without considering traffic rules, or using dangerous machinery without proper safety measures, could fall under this category.
Illustration: Suppose a person is driving a car at high speed in a crowded market area, showing no regard for pedestrians. If a pedestrian is injured due to this reckless driving, the driver would be liable for causing hurt. If the pedestrian sustains serious injuries, the driver could face more severe penalties, such as imprisonment and a fine for causing grievous hurt, as per Section 125.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
This provision emphasises the seriousness of reckless or dangerous actions that create a threat to public safety, aiming to prevent situations where individuals are exposed to harm due to the actions of others. It ensures accountability for endangering others' well-being, reinforcing the legal framework for public safety.
Definition of Rash or Negligent Acts:
Rash or negligent acts refer to actions carried out carelessly or without sufficient caution, thereby endangering human life or the safety of others. While these acts may not be intended to harm, they present a risk due to the individual’s reckless conduct.
General Punishment:
When a person engages in rash or negligent behavior that threatens life or safety, the following penalties may apply:
This section outlines the key differences between Section 125 of BNS and its equivalent IPC section 336, 337 and 338 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
---|---|---|---|
125 | Where grievous hurt is caused. | 336 | The fine is increased from rupees two hundred and fifty to two thousand five hundred. |
125 (a) | Where grievous hurt is caused. | 337 | The fine has increased from five hundred to five thousand rupees. |
125 (b) | Wrongful restraint. | 338 | Imprisonment is increased from two years to three years and fine is increased from one thousand to ten thousand rupees |
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
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