Section 125: Act Endangering Life or Personal Safety of Others

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Any Magistrate
Bailable
Cognizable
Formerly Sec 336, 337, 338 IPC

Legal Commentary & Landmark Judgments: Section 125

Section 125 penalizes doing any act so rashly or negligently as to endanger human life or the personal safety of others, prescribing imprisonment up to three months or fine up to two thousand five hundred rupees, and up to three years if grievous hurt is caused.

  • Rashness or Negligence: Acts committed with reckless disregard of consequences (rashness) or culpable failure to observe ordinary prudence (negligence).
  • Endangering Life or Safety: The act creates imminent danger to human life or physical safety, even if no injury occurs.
  • Aggravated Hurt Tiers: Sub-section (a): Simple hurt caused elevates punishment to six months imprisonment; Sub-section (b): Grievous hurt caused elevates punishment to three years imprisonment, or fine, or both.
Key Landmark Precedents:
  • Bhalchandra Waman Pathe v. State of Maharashtra (1968) 71 Bom LR 634: The Supreme Court held that rashness implies acting with the consciousness that mischievous consequences may follow, but hoping they will not; negligence is acting without awareness of risks where a reasonable person would take care.
  • Syad Akbar v. State of Karnataka (1980) 1 SCC 30: Affirmed that doctrine of res ipsa loquitur has limited application in criminal law; gross rashness or negligence must be affirmatively proved.
Courtroom Practice & Strategic Litigation Guidance:

In industrial safety violations, open construction site falls, or structural collapses, examine whether standard safety barriers were deployed: proving adherence to municipal building codes disproves criminal rashness under Section 125 BNS.