1. Meaning and Object of Section 25 BNS
Section 25 of the Bharatiya Nyaya Sanhita, 2023 deals with an important General Exception based on consent. The basic principle behind this provision is that certain acts which cause or are intended to cause harm to a consenting adult do not become offences merely because harm is caused, provided that the statutory conditions contained in Section 25 are satisfied.
The section begins with the words:
“Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence…”
This opening portion establishes the two important mental requirements under Section 25. First, the person doing the act must not intend to cause death or grievous hurt. Secondly, the person must not know that the act is likely to cause death or grievous hurt.
The protection is available where the harm is caused to a person “above eighteen years of age” who has consented, either expressly or impliedly, to suffer that harm or has consented to take the risk of that harm.
Therefore, Section 25 essentially recognises that a competent adult may voluntarily consent to suffer certain forms of harm or risk, and that such consent can prevent the act from being treated as an offence by reason of that harm, subject to the conditions of the section.
The object of Section 25 is not to give unlimited legal effect to consent. Rather, it creates a carefully limited exception where the harm is consented to by an adult and the person performing the act neither intends to cause death or grievous hurt nor knows that the act is likely to cause death or grievous hurt.
2. Act Done by Consent
The central feature of Section 25 is consent.
The Bare Act expressly states that the protection applies where the person suffering the harm is:
“above eighteen years of age, who has given consent, whether express or implied, to suffer that harm”
Thus, consent may be either express or implied.
Express Consent
Express consent is consent that is clearly communicated through words or conduct specifically indicating agreement.
For example, an adult voluntarily agrees to participate in a physical activity knowing that it may cause some minor physical harm. If the other statutory requirements of Section 25 are satisfied, the harm caused merely because of that activity may fall within the protection of the provision.
Implied Consent
Implied consent is consent that can reasonably be inferred from the person’s conduct, circumstances or participation in an activity.
For example, when an adult voluntarily participates in an ordinary activity involving an understood degree of physical contact or risk, consent may sometimes be inferred from the circumstances.
However, implied consent should not be treated as unlimited consent. The consent must relate to the harm or risk contemplated by the provision.
Consent Must Be Genuine
Section 25 does not mean that merely saying “I consented” automatically makes every harmful act lawful.
The statutory conditions must still be fulfilled. In particular, the person doing the act must not intend to cause death or grievous hurt and must not know that the act is likely to cause death or grievous hurt.
Therefore, consent is only one component of the exception; it is not the entire exception.
3. Consent of the Person Concerned
Section 25 specifically protects consent given by a person:
“above eighteen years of age”
This age requirement is significant.
The person suffering the harm must be an adult who has attained the age of eighteen years. The section therefore specifically places importance on the person’s capacity, as recognised by the law, to consent to the relevant harm or risk.
The Bare Act further recognises two forms of consent:
“whether express or implied”
This means that consent does not necessarily have to be given through an express verbal statement. Depending upon the circumstances, it may also be inferred from conduct.
The section also refers to a person who:
“has consented to take the risk of that harm.”
This is particularly important. The consent contemplated by Section 25 can extend not only to actually suffering a particular harm but also to voluntarily accepting the risk of that harm.
For example, an adult voluntarily participating in an activity may understand that there is a possibility of physical harm. If the statutory requirements are otherwise satisfied, the person’s consent to take that risk becomes relevant under Section 25.
However, the consent must remain within the boundaries established by the section. A person cannot simply consent to death or grievous hurt and thereby automatically create immunity for another person.
4. Act Not Intended to Cause Death or Grievous Hurt
One of the most important requirements of Section 25 is contained in the Bare Act words:
“Nothing which is not intended to cause death, or grievous hurt…”
The first mental element is therefore absence of intention to cause death or grievous hurt.
Meaning of Intention
Intention refers to the mental purpose or objective of the person doing the act. It concerns what the person means or seeks to bring about through the act.
Under Section 25, the person performing the act must not have the intention of causing:
death, or
grievous hurt.
Therefore, if a person deliberately performs an act with the purpose of causing death or grievous hurt, the consent of the adult victim cannot by itself bring that act within Section 25.
Why Intention Matters
The provision is designed for situations where an adult voluntarily accepts a certain harm or risk, not situations where one person deliberately seeks to cause death or grievous hurt to another.
For example, suppose A and B are adults participating voluntarily in an activity. A causes some physical harm to B during the activity, but A did not intend to cause death or grievous hurt. The question then becomes whether the other requirements of Section 25 are satisfied.
In contrast, if A deliberately performs an act with the purpose of causing grievous hurt to B, B’s consent cannot simply eliminate the requirement relating to intention.
Thus, the phrase “not intended to cause death, or grievous hurt” establishes an important boundary around the operation of consent.
5. Act Not Known to Be Likely to Cause Death or Grievous Hurt
The second important mental requirement appears immediately after the requirement relating to intention.
The Bare Act states:
“and which is not known by the doer to be likely to cause death or grievous hurt”
This introduces the concept of knowledge.
It is not enough that the person did not actually intend to cause death or grievous hurt. The person must also not know that the act is likely to cause death or grievous hurt.
This distinction is extremely important.
A person may sometimes perform an act without intending a particular consequence but nevertheless know that the consequence is likely to occur. In such a situation, the protection of Section 25 may not be available because the statutory requirement relating to knowledge has not been satisfied.
Meaning of Knowledge
Knowledge refers to awareness of the likely consequence of an act.
Therefore, Section 25 asks two separate questions:
Did the person intend to cause death or grievous hurt?
and
Did the person know that the act was likely to cause death or grievous hurt?
Both questions are relevant.
The section requires the answer to both to be No.
6. Essential Ingredients of Section 25 BNS
For Section 25 to apply, the provision must be read as a whole.
The first requirement is that the act must not be intended to cause death or grievous hurt. This comes directly from the words:
“not intended to cause death, or grievous hurt”
The second requirement is that the person doing the act must not know that the act is likely to cause death or grievous hurt. The Bare Act expresses this as:
“not known by the doer to be likely to cause death or grievous hurt”
The third requirement concerns the person who suffers the harm. That person must be:
“above eighteen years of age”
The fourth requirement is consent. The adult must have:
“given consent, whether express or implied, to suffer that harm”
The fifth possibility recognised by the section is that the person may have:
“consented to take the risk of that harm.”
Finally, the harm must be the type of harm to which the statutory protection applies. The section provides protection from an offence “by reason of any harm which it may cause” or from harm intended by the doer to be caused, subject to the conditions of the provision.
Thus, Section 25 should not be reduced to the simple formula “consent makes the act lawful.” The correct approach is:
Consent + adult person + no intention to cause death/grievous hurt + no knowledge that death/grievous hurt is likely + statutory conditions satisfied = Section 25 protection may apply.
7. Difference Between Intention and Knowledge
The distinction between intention and knowledge is one of the most important concepts for understanding Section 25.
Intention
Intention relates to what the person means or desires to bring about.
If A intentionally performs an act because A wants to cause grievous hurt to B, there is intention to cause grievous hurt.
Knowledge
Knowledge relates to what the person is aware is likely to happen as a consequence of the act.
A person may not desire a particular consequence but may nevertheless know that the consequence is likely.
Section 25 Requires Absence of Both
Section 25 uses both concepts in the same sentence:
“not intended to cause death, or grievous hurt”
and
“not known by the doer to be likely to cause death or grievous hurt”
This is why both concepts must be examined independently.
| Intention | Knowledge |
|---|---|
| Concerns the purpose of the act | Concerns awareness of the likely consequence |
| What the person seeks to cause | What the person knows is likely to occur |
| Section 25 excludes intention to cause death or grievous hurt | Section 25 excludes knowledge that death or grievous hurt is likely |
| Focuses on the person’s objective | Focuses on the person’s awareness |
Simple Example
Suppose A and B are adults and voluntarily participate in an activity. A causes B some physical harm.
If A did not intend to cause death or grievous hurt and did not know that the act was likely to cause death or grievous hurt, B’s consent may become relevant under Section 25.
But if A did not intend to cause death but knew that the act was likely to cause death, the second requirement is not satisfied.
Therefore:
No intention alone is not enough. Section 25 also requires absence of the relevant knowledge.
8. When Does Consent Make an Act Non-Offensive?
Consent becomes legally relevant under Section 25 when the consent and the nature of the act satisfy the statutory requirements.
The Bare Act specifically protects an act where the harm is suffered by an adult who:
“has given consent, whether express or implied, to suffer that harm”
The provision also covers an adult who:
“has consented to take the risk of that harm.”
Therefore, consent operates as a legal exception in circumstances covered by the section.
However, consent does not operate independently of the other requirements.
For example, suppose an adult knowingly and voluntarily participates in an activity that carries a limited risk of physical harm. If the person performing the act neither intends to cause death or grievous hurt nor knows that the act is likely to cause death or grievous hurt, Section 25 may protect the act from being treated as an offence merely because the contemplated harm occurred.
The important principle is therefore:
Consent must be read together with the statutory limitations relating to intention and knowledge.
9. Limitations of Consent Under Section 25
Section 25 does not create a general rule that every act becomes lawful merely because the affected person has consented.
Its operation is expressly limited.
Consent Cannot Protect an Intention to Cause Death or Grievous Hurt
The section begins by excluding an act that is:
“intended to cause death, or grievous hurt”
Therefore, the existence of consent does not remove this statutory limitation.
Consent Cannot Protect an Act Known to Be Likely to Cause Death or Grievous Hurt
The section also requires that the act be:
“not known by the doer to be likely to cause death or grievous hurt.”
Consequently, even where an adult has consented, the knowledge of the person performing the act remains relevant.
Consent Must Be Given by a Person Above Eighteen Years
The section expressly refers to a person:
“above eighteen years of age”
Therefore, the age requirement is an important statutory limitation.
Consent Must Relate to the Harm or Risk
The section speaks of consent:
“to suffer that harm”
and consent:
“to take the risk of that harm.”
Thus, the consent must be connected with the harm or risk contemplated by the provision.
Consent Is Not an Unlimited Defence
The safest way to understand Section 25 is that consent is a statutory condition within a narrowly defined General Exception, rather than a universal defence to criminal liability.
10. Illustrations and Practical Examples
Example 1 — Consent to Ordinary Physical Harm
A and B, both adults, voluntarily participate in an activity in which some minor physical harm is a reasonably understood possibility. A causes such harm to B without intending to cause death or grievous hurt and without knowing that the act is likely to cause death or grievous hurt.
Here, B’s consent may bring the act within Section 25, provided all other legal requirements are satisfied.
Example 2 — Express Consent
A, an adult, expressly agrees to participate in an activity knowing that it may cause a particular degree of physical discomfort or harm. B performs the act without intending to cause death or grievous hurt and without knowing that the act is likely to cause death or grievous hurt.
The express consent of A becomes relevant under Section 25.
Example 3 — Implied Consent
A voluntarily participates in an activity where physical contact and a certain degree of ordinary harm are inherent and understood. During the activity, A suffers such harm.
If the statutory conditions of Section 25 are otherwise satisfied, the consent may be inferred from A’s voluntary participation.
This illustrates the words:
“whether express or implied”
Example 4 — Consent to Take the Risk
A voluntarily participates in an activity knowing that there is a possibility of physical harm and agrees to take that risk. B performs the act without intending death or grievous hurt and without knowing that the act is likely to cause death or grievous hurt.
Here, the second part of Section 25 becomes relevant because the Bare Act expressly recognises a person who has:
“consented to take the risk of that harm.”
Example 5 — Intention to Cause Grievous Hurt
A adult consents to an act, but B performs the act with the intention of causing grievous hurt to A.
The requirement that the act be:
“not intended to cause death, or grievous hurt”
is not satisfied. Therefore, consent alone cannot bring the act within Section 25.
Example 6 — Knowledge of Likely Death or Grievous Hurt
A consents to an act, but B knows that the act is likely to cause death or grievous hurt.
Even if B did not actually desire the death or grievous hurt, the requirement:
“not known by the doer to be likely to cause death or grievous hurt”
is not satisfied.
This demonstrates why knowledge is independently important from intention.
FAQs on Section 25 BNS
1. What is Section 25 of the BNS?
Section 25 BNS provides a General Exception based on consent. It states that an act causing harm to a person above eighteen years of age is not an offence by reason of that harm, provided the act was not intended to cause death or grievous hurt and was not known by the doer to be likely to cause death or grievous hurt, and the person had consented to suffer the harm or to take its risk.
2. What type of consent is recognised under Section 25 BNS?
Section 25 recognises both express and implied consent. The Bare Act specifically uses the words “whether express or implied.” It also recognises consent to take the risk of the harm. However, the consent must satisfy the other conditions prescribed by Section 25.
3. Does consent make every harmful act lawful under Section 25 BNS?
No. Consent is not an unlimited defence. Section 25 applies only when the statutory conditions are fulfilled. In particular, the act must not be intended to cause death or grievous hurt, and the doer must not know that the act is likely to cause death or grievous hurt.
4. What is the difference between intention and knowledge under Section 25 BNS?
Intention refers to what the person seeks or means to cause, whereas knowledge refers to awareness that a particular consequence is likely to occur. Section 25 requires absence of both: the person must not intend to cause death or grievous hurt and must not know that the act is likely to cause death or grievous hurt.
5. Who can give consent under Section 25 BNS?
The protection applies where the harm is suffered by a person “above eighteen years of age.” That person may have given express or implied consent to suffer the harm or may have consented to take the risk of that harm. The consent must, however, operate within the other limitations prescribed by Section 25.
