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Section 33 BNS is part of CHAPTER 3 GENERAL EXEMPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It outlines the legal provisions relating to acts that cause only slight harm. It provides an important exemption in criminal law, recognising that certain minor injuries or damages may not constitute an offence when they result from actions taken in specific circumstances. This provision ensures that the legal system considers the context and degree of harm before determining criminal liability.
Section 33 of BNS 2023 States: 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.
The section 33 of the Bharatiya Nyaya Sanhita, 2023 further provides an important legal principle with respect to the inflection of harm that constitutes the basis of an offence. Under this provision, no act can be regarded as an offence with the mere consideration that it injures or causes the probability of injury or likely injury to others. For this to amount to an offence, however, the wrong must of such a nature and degree have been that it would have caused a person having ordinary sense and temper to complain.
For instance, if, on a crowded street, person A collided with person B, but no apparent injury or hurt occurred to the person, then it would not be regarded as an offence under Section 33. This is because a reasonable person would regard the harm as insignificant and would not pursue it as an offence.
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 section emphasises that harm must be significant enough to warrant legal action, protecting individuals from being penalised for actions that cause only minimal or insignificant inconvenience.
This section outlines the key differences between Section 33 of the Bharatiya Nyaya Sanhita and its equivalent to IPC section 95, 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 |
---|---|---|---|
33 | Act causing slight harm. | 95 | No change. |
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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