Section 125 BNS: Act Endangering Life or Personal Safety of Others
Section 125 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes rash or negligent acts that endanger human life or the personal safety of others. The punishment becomes more serious where the act actually causes hurt or grievous hurt.
What Section 125 BNS Provides
A person who does an act so rashly or negligently as to endanger human life or the personal safety of others may be punished with imprisonment of either description for up to 3 months, or fine up to Rs. 2,500, or both.
Where that rash or negligent act causes hurt, the punishment may extend to 6 months' imprisonment, or fine up to Rs. 5,000, or both.
Where grievous hurt is caused, the punishment may extend to 3 years' imprisonment, or fine up to Rs. 10,000, or both.
Essential Ingredients of Section 125
In general, application of Section 125 requires proof of the relevant statutory elements, including:
- an act by the accused;
- the act being rash or negligent;
- the rashness or negligence being of such a nature as to endanger human life or the personal safety of others; and
- where clause (a) or clause (b) is invoked, proof that the act caused hurt or grievous hurt respectively.
Meaning of Hurt under Section 114 BNS
Section 114 BNS provides that a person causes "hurt" when bodily pain, disease or infirmity is caused to another person. This definition is relevant to clause (a) of Section 125.
Meaning of Grievous Hurt under Section 116 BNS
Section 116 identifies specified categories of hurt as grievous hurt. These include emasculation; permanent loss of sight or hearing; loss or permanent impairment of a member or joint; permanent disfigurement of the head or face; fracture or dislocation of a bone or tooth; and hurt that endangers life or causes severe bodily pain, or inability to follow ordinary pursuits, for fifteen days.
Rashness and Negligence under Section 125
Section 125 uses the expression "so rashly or negligently as to endanger human life or the personal safety of others." Therefore, the provision is concerned not simply with an undesirable result, but with the rash or negligent manner in which the act was done and the danger created by that conduct.
Whether conduct amounts to the degree of rashness or negligence required by the section depends on the facts, circumstances and evidence in the particular case.
Punishment under Section 125 BNS
| Endangerment without specified injury | Imprisonment up to 3 months, or fine up to Rs. 2,500, or both. |
|---|---|
| Where hurt is caused - Section 125(a) | Imprisonment up to 6 months, or fine up to Rs. 5,000, or both. |
| Where grievous hurt is caused - Section 125(b) | Imprisonment up to 3 years, or fine up to Rs. 10,000, or both. |
Related BNS Provisions
- Section 121 BNS - Hurt or grievous hurt to deter a public servant from duty
- Section 122 BNS - Hurt or grievous hurt on provocation
- Section 123 BNS - Causing hurt by poison, etc., with intent to commit an offence
- Section 124 BNS - Voluntarily causing grievous hurt by use of acid, etc.
- Section 126 BNS - Wrongful restraint
- Section 127 BNS - Wrongful confinement
- Section 128 BNS - Force
- Section 129 BNS - Criminal force
- Section 130 BNS - Assault
Official Legal Sources
For the authoritative statutory text and commencement notification, refer to the official Government sources below.
This page provides general legal information. The application of Section 125 depends on the allegations, evidence, procedural law and judicial interpretation relevant to the particular case.