BNS Section 125: Act Endangering Life or Personal Safety of Others
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.
Definition of BNS Section 125
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
Explanation and Illustration of BNS Section 125
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.
Key Points in Section 125
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:
Enhanced Punishment Based on Consequences:
Differences Between Section 125 of BNS and its Equivalent IPC Section
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 |
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FAQs about Section 125 of the Bharatiya Nyaya Sanhita (BNS)
What types of actions are considered under Section 125?
Section 125 covers any reckless or negligent actions that endanger human life or personal safety. This could include dangerous driving, careless handling of hazardous materials, or actions that create an imminent risk of harm to others, even if harm is not directly caused.
What is the punishment for endangering life or safety under Section 125?
For actions that endanger life or personal safety, the punishment can be up to three months imprisonment (either rigorous or simple) and a fine of up to ₹2,500, or both. The penalties vary depending on the consequences of the act.
What happens if harm is caused due to rash or negligent behavior?
If the act leads to harm (hurt), the punishment increases. The offender can face up to six months imprisonment, a fine of up to ₹5,000, or both. The law escalates penalties based on the severity of the consequences of the negligent act.
What if grievous hurt is caused by a reckless act?
If grievous hurt is caused, the punishment becomes more severe. The offender can face up to three years imprisonment, a fine of up to ₹10,000, or both, reflecting the severity of the injury caused by the reckless or negligent action.
Does Section 125 apply to both individuals and organisations?
Yes, Section 125 can apply to both individuals and organisations. If an organisation’s actions endanger public safety or life, the relevant authorities may hold the organisation liable under this section, with penalties reflecting the seriousness of the incident.
Are there specific examples of actions that fall under Section 125?
Examples include reckless driving, unsafe construction practices, or mishandling hazardous substances. These actions, while not intended to cause harm, pose a significant risk to others and could lead to accidents, injuries, or loss of life.
Can someone be punished under Section 125 if no injury occurs?
Yes, under Section 125, an individual can be punished even if no injury occurs, as long as the action poses a clear and imminent risk to the safety or life of others. The focus is on the potential danger created by the behaviour.
