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Bharatiya Nyaya Sanhita (BNS)

Section 19 of the Bharatiya Nyaya Sanhita, 2023: Act likely to cause harm, but done without criminal intent, and to prevent other harm.

Published

2 months ago

on

Lentis Legalis | 9 March 2026
Reviewed by Adv. Chandrasen Yadav

Section – 19 : Act likely to cause harm, but done without criminal intent, and to prevent other harm.—

Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.

Explanation

It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

Illustrations.

(a) A, the captain of a vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.

(b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence.

Author
Adv. Chandrasen Yadav
B.Sc., LL.B. & LL.M.

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Bharatiya Nyaya Sanhita (BNS)

Section 126 of the Bharatiya Nyaya Sanhita, 2023: Wrongful restraint

Published

2 months ago

on

March 31, 2026

By

Lentis Legalis | 31 March 2026
Reviewed by Adv. Chandrasen Yadav

Section – 126: Wrongful restraint.—

(1) Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

Exception.—The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.

Illustration

A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.

(2) Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both.

SectionOffencePunishmentCognizable or Non- CognizableBailable or non-BailableBy which Court Triable
126(2)Wrongfully restraining any person.Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.CognizableBailable  Any Magistrate

Author
Adv. Chandrasen Yadav
B.Sc., LL.B. & LL.M.

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Bharatiya Nyaya Sanhita (BNS)

Section 125 of the Bharatiya Nyaya Sanhita, 2023: Act endangering life or personal safety of others.

Published

2 months ago

on

March 31, 2026

By

Lentis Legalis | 31 March 2026
Reviewed by Adv. Chandrasen Yadav

Section – 125 BNS: Act endangering life or personal safety of others.—

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.

SectionOffencePunishmentCognizable or Non- CognizableBailable or non-BailableBy which Court Triable
125Doing any act endangering human life or personal safety of othersImprisonment for 3 months, or fine of 2,500 rupees, or both.CognizableBailable  Any Magistrate
125(a)Where hurt is caused.Imprisonment for 6 months, or fine of 5,000 rupees, or bothCognizable
Bailable  
Any Magistrate
125(b)Where grievous hurt is caused.Imprisonment for 3 years, or fine of 10,000 rupees, or both.CognizableBailable  Any Magistrate

Author
Adv. Chandrasen Yadav
B.Sc., LL.B. & LL.M.

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Bharatiya Nyaya Sanhita (BNS)

Section 124 of the Bharatiya Nyaya Sanhita, 2023: Voluntarily causing grievous hurt by use of acid, etc.

Published

2 months ago

on

March 31, 2026

By

Lentis Legalis | 31 March 2026
Reviewed by Adv. Chandrasen Yadav

Section – 124 BNS: Voluntarily causing grievous hurt by use of acid, etc.—

(1) Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt or causes a person to be in a permanent vegetative state shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim.

(2) Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.

Explanation 1.—For the purposes of this section, “acid” includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.

Explanation 2.—For the purposes of this section, permanent or partial damage or deformity or permanent vegetative state shall not be required to be irreversible.

SectionOffencePunishmentCognizable or Non- CognizableBailable or non-BailableBy which Court Triable
124(1)Voluntarily causing grievous hurt by use of acid, etc.Imprisonment for not less than 10 years but which may extend to imprisonment for life and fine.CognizableNon-Bailable  Court of Session.
124(2)Voluntarily throwing or attempting to throw acid.Imprisonment for 5 years but which may extend to 7 years and fine.CognizableNon-Bailable  Court of Session.

Author
Adv. Chandrasen Yadav
B.Sc., LL.B. & LL.M.

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