BNS Section 33: Act Causing Slight Harm

Q: Provide some examples for an act considered trivial?

Example 1: If one accidentally pushes someone in the crowded place and inflicts a minor bruise, then this act is not considered an offence under BNS Section 33 because the injury is too slight to be complained of Example 2: A minor touching of a person's shoulder in order to attract someone's attention without inflicting more than a minor irritation could be regarded as involving minor harm and is not an offence under BNS Section 33.

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.

Definition of Section 33 of BNS

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.

Explanation and Illustration of Section 33 (Bharatiya Nyaya Sanhita, 2023)

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.

Key Points of BNS 33

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.

Slight Harm

This section exempts acts from criminal liability if they cause harm, are intended to cause harm, or are likely to cause harm, provided the harm is so minor that a reasonable person of ordinary sense and temperament would not complain

The harm must be trivial, insignificant, or negligible—something most people would consider too minor for legal action

Reasonable Person Standard

The law evaluates harm using the ‘reasonable person’ test, assessing whether an average person with ordinary judgement would perceive the harm as significant

If the harm is so slight that such a person would dismiss it, it does not constitute an offence.

No Criminal Intent

This provision applies to cases where the harm was unintentional or where the person causing it believed it to be too minor to warrant legal concern.

Scope of Application

It covers everyday minor incidents, such as accidentally bumping into someone or causing slight discomfort, where the consequences are trivial and do not lead to significant injury or damage.

Context of Private Defence

The section may also relate to acts of self-defence, where minimal and proportional force causes slight harm. Such acts, due to their negligible impact, may fall under this exception.

Differences Between Section 33 of BNS 2023 and its Equivalent IPC Section

This section outlines the key differences between Section 33 of the Bharatiya Nyaya Sanhita (BNS) 2023 and its equivalent Indian Penal Code (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.

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FAQs About Section 33 of the Bharatiya Nyaya Sanhita (BNS)

What Does Section 33 of BNS say about harm?

According to Section 33 of BNS, an act cannot be construed as an offence if it causes such slight harm that no sensible person would complain about it.

According to Section 33 of BNS, who can tell whether the harm done is too slight to call an offence?

Under Section 33 of the BNS, the harm is too slight to be an offence when no person of ordinary sense and temper would complain of it.

An act amounts to an offence if the harm caused is so trivial?

Section 33 of BNS declares no such act to be an offence if the injury sustained is trifling and no persons possessed of ordinary sense and temper would complain of.

Provide some examples for an act considered trivial?

Example 1: If one accidentally pushes someone in the crowded place and inflicts a minor bruise, then this act is not considered an offence under BNS Section 33 because the injury is too slight to be complained of

Example 2: A minor touching of a person's shoulder in order to attract someone's attention without inflicting more than a minor irritation could be regarded as involving minor harm and is not an offence under BNS Section 33.