Section 25: Act Done by Consent Not Intended to Cause Death or Grievous Hurt

Bharatiya Nyaya Sanhita • Chapter III: General Exceptions • Official Statutory Text & Legal Guide

Chapter III: General Exceptions
Trial Court
Complete Defence
Non-Applicable
Formerly Sec 87 IPC

Legal Commentary & Landmark Judgments: Section 25

Section 25 establishes the defense of consent, providing that 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 to cause, to any person above eighteen years of age, who has given consent.

  • Volenti Non Fit Injuria: Harm suffered with informed adult consent is not an offence in law.
  • Age Threshold: The consenting party must be above eighteen years of age.
  • Absolute Outer Limit: Consent CANNOT justify causing death or grievous hurt; dangerous duels or lethal challenges remain strictly illegal.
Key Landmark Precedents:
  • R. v. Donovan [1934] 2 KB 498: Leading common law authority: a person cannot lawfully consent to the infliction of bodily harm intended to cause serious injury.
  • Tunda v. Rex (1950) Cri LJ 402: Held that wrestling and contact sports are protected under Section 87 IPC (Section 25 BNS), as participants implicitly consent to accidental harm within tournament rules.
Courtroom Practice & Strategic Litigation Guidance:

In sports injuries, adventure trekking accidents, or medical training exercises, produce the signed written consent and liability waiver under Section 25 BNS, demonstrating that the activity was conducted within authorized rules without intent to cause grievous hurt.