Bharatiya Nyaya Sanhita, 2023
Section 25
Act not intended and not known to be likely to cause death or grievous hurt, done by consent
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 by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. Illustration. A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.
Why this exists
This provision continues a rule from the Indian Penal Code (Section 87) that recognizes personal autonomy — adults can voluntarily accept minor risks of harm, especially in games, sports, or other consensual activities, without turning ordinary participants into criminals. It draws a line: consent excuses harm only when death or grievous hurt was neither intended nor known to be a likely outcome. If someone knew serious injury or death was likely, consent won't protect them.
How courts read it
Indian courts have historically applied this kind of provision to sports and rough physical contests, holding that fair play under agreed rules does not amount to an offence, but that consent does not cover reckless or foul conduct causing serious harm. Courts distinguish between injuries incidental to the risk both parties accepted and injuries from misconduct outside the game's normal bounds.
Common misconceptions
- Myth: Consent to any activity means you can never be charged no matter how badly someone is hurt.
Fact: The law only protects harm that wasn't intended and wasn't known to be likely to cause death or grievous hurt; deliberate serious injury isn't excused just because the other person agreed to participate. - Myth: This provision applies to children or minors who agree to risky games.
Fact: The provision applies only to persons above eighteen years of age who give consent; consent by a minor doesn't attract this protection.