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

Bharatiya Nyaya Sanhita, 2023

Section 125 BNS at a Glance

Section 125 BNS deals with act endangering life or personal safety of others. It is bailable and cognizable; it replaced Sections 336, 337 and 338 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to three months under both codes.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 336 →

Section 125 BNS Bare Act Text

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.

Source: Section 125, Bharatiya Nyaya Sanhita, 2023

Section 125 BNS in the IPC (Previous Law)

Section 125 BNS replaced Sections 336, 337 and 338 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 125 BNS

Is actual injury required for Section 125 BNS?▼

No. The law can apply even if nobody is injured, so long as the act created danger to human life or personal safety. The focus is on the risk caused by the conduct.

Is careless driving covered under Section 125 BNS?▼

Yes, if the driving was rash or negligent enough to endanger others. In many cases, police use this section for dangerous driving, especially where the vehicle was driven in a way that could have caused harm.

Is Section 125 BNS bailable?▼

Yes, it is generally a bailable offence. That means the accused has a right to seek bail, and arrest does not automatically mean long custody.

What is the difference between the opening part of Section 125 BNS and Section 125(a) BNS?▼

The opening part of Section 125 BNS deals with danger caused by rash or negligent acts without actual hurt. Section 125(a) BNS applies when the same kind of conduct actually causes hurt.

Is Section 125(a) BNS used in road accident cases?▼

Yes, very often. If a driver’s rash or negligent driving causes simple hurt, police may invoke this provision along with other traffic or penal offences. The exact charges depend on the facts and the seriousness of the injury.

What is the difference between Section 125(a) BNS and serious hurt provisions?▼

This section deals with simple hurt, not grievous hurt. If the injury is serious enough to fall under grievous hurt provisions, a different section will apply. The level of injury matters a lot.

Under Section 125(a) BNS, can a person be punished if the injury was accidental?▼

Not every accident leads to criminal liability. The prosecution must show rashness or negligence, not just an unfortunate outcome. If due care was taken, this section may not be made out.

Can the offence under Section 125(a) BNS be settled between the parties?▼

Yes, it is compoundable, which means the complainant and accused can settle it with court permission as per law. In practice, this often happens in minor accident or neighbourhood dispute cases.

What does Section 125(b) of the Bharatiya Nyaya Sanhita cover?▼

Section 125(b) BNS covers situations where a person does an act so rashly or negligently as to endanger human life or the personal safety of others, and that act causes grievous hurt to someone.

What has to be proved under Section 125(b) BNS?▼

It has to be shown that the person did an act rashly or negligently, that the act endangered human life or the personal safety of others, and that grievous hurt was caused as a result of that act.

Is Section 125(b) BNS bailable?▼

Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.

What is the punishment under Section 125(b) of the Bharatiya Nyaya Sanhita?▼

Where grievous hurt is caused under Section 125(b) BNS, the punishment is imprisonment of either description for a term which may extend to three years, or a fine which may extend to Rs. 10,000, or both.

How is Section 125(b) BNS different from the other parts of Section 125 BNS?▼

Section 125(b) BNS applies only when grievous hurt is caused. If the rash or negligent act causes no injury, the opening part of Section 125 BNS applies with up to 3 months' imprisonment or fine up to Rs. 2,500, and if simple hurt is caused, Section 125(a) BNS applies with up to 6 months' imprisonment or fine up to Rs. 5,000.

Section 125 BNS: Sub-sections Explained

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

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Bare Act Text

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.

Explained in Simple Words

Section 125 of the Bharatiya Nyaya Sanhita (BNS) deals with doing an act so rashly or negligently that it endangers human life or the personal safety of others. The law does not require actual injury. It is enough if the act created a real risk to someone's life or safety.

This section is often used in cases involving careless driving, unsafe handling of fire or machinery, or other dangerous conduct in public places. The section applies when a person acts with gross carelessness, not just ordinary mistake. A simple accident is not always enough.

The prosecution must show that the conduct was of a kind that could have caused harm to others. In practice, this section is used to hold people accountable for conduct that puts the public at risk, even if no one is actually hurt. It is a relatively minor offence, but it matters because it helps police and courts deal with reckless behaviour before it turns into serious injury or death.

Key Ingredients

  • Doing any act rashly or negligently
  • Endangering human life or the personal safety of others thereby

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term which may extend to three months under both codes.

💰 Fine which may extend to two hundred and fifty rupees under the Indian Penal Code, or two thousand five hundred rupees under the Bharatiya Nyaya Sanhita.

Doing any act so rashly or negligently as to endanger human life or the personal safety of others carries imprisonment of either description for up to three months, or fine of up to two thousand five hundred rupees, or both. The case is cognizable and bailable, triable by any Magistrate, and not compoundable.

Real-World Example

While replacing overhead exterior roofing tiles on a multi-storey building beside a busy pedestrian alleyway in Bhopal, Vivek threw heavy slate slabs and mortar fragments directly down into the passage without posting sentries or erecting warning barricades. Pedestrians had to leap aside to avoid falling debris, though no person suffered physical hurt. Vivek did an act so rashly or negligently as to endanger human life and the personal safety of others. Vivek is punishable under Section 125 BNS.

When This Does Not Apply

  • The accused did not do an act
  • The act was not done rashly or negligently
  • The act was not done so rashly or negligently as to endanger human life or the personal safety of others

Previous Law

IPC 336 → Section 125 BNS

Section 336 IPC is succeeded by the opening paragraph of Section 125 BNS. Under the Bharatiya Nyaya Sanhita, Section 125 BNS consolidates the offences of endangering life or personal safety without hurt, with hurt under clause a, and with grievous hurt under clause b. The maximum fine for the base offence without hurt rises from two hundred and fifty rupees under Section 336 IPC to two thousand five hundred rupees under Section 125 BNS. The maximum term of imprisonment remains three months, and the substantive ingredients are unchanged.

Section 125(a) BNS: Causing hurt by act endangering life or personal safety of others

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Bare Act Text

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.

Explained in Simple Words

Section 125(a) of the Bharatiya Nyaya Sanhita (BNS) applies when a person causes hurt by doing any act so rashly or negligently that it endangers human life or the personal safety of others. The key point is not just that someone was injured, but that the injury came from a careless act which created a real risk to life or safety. It is often used in road accident cases, unsafe workplace incidents, and other situations where a person acts without due care. To attract this section, the prosecution must show hurt, rashness or negligence, and a direct link between the act and the injury.

If the conduct is merely accidental without negligence, this section may not apply. In practice, it is used to hold people accountable for avoidable harm, especially where the act was careless but not done with intent to cause serious injury. The law treats it as a lesser offence than grievous hurt, but it still carries criminal consequences.

Key Ingredients

  • Doing any act rashly or negligently so as to endanger human life or the personal safety of others
  • Causing hurt to any person as a result of that endangering act

Punishment

Bailable ⓘCognizable ⓘCompoundable (with court permission) ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term which may extend to six months under both codes.

💰 Fine which may extend to five hundred rupees under the Indian Penal Code, or five thousand rupees under the Bharatiya Nyaya Sanhita.

Causing hurt by doing any act so rashly or negligently as to endanger human life or personal safety carries imprisonment of either description for up to six months, or fine of up to five thousand rupees, or both. The offence is cognizable, bailable, triable by any Magistrate, and compoundable with the permission of the court by the person hurt.

Real-World Example

While driving an auto-rickshaw through a crowded shopping bazaar in Meerut, Rajesh accelerated rapidly around a blind corner without sounding a horn or slowing down for crossing pedestrians. The vehicle swerved and struck Manoj, knocking him against a pavement curb and causing lacerations and contusions on his knee and elbow. Rajesh did an act so rashly or negligently as to endanger human life and the personal safety of others, and thereby caused hurt to Manoj. Rajesh is punishable under Section 125(a) BNS.

When This Does Not Apply

  • The accused did not do an act
  • The act was not done rashly or negligently
  • The act was not done so rashly or negligently as to endanger human life, or the personal safety of others

Previous Law

IPC 337 → Section 125(a) BNS

Section 337 IPC is succeeded by clause a of Section 125 BNS. Under the Bharatiya Nyaya Sanhita, Section 125(a) BNS combines endangering acts without hurt, with hurt under clause a, and with grievous hurt under clause b. The maximum fine for causing hurt by an endangering act increases tenfold from five hundred rupees under Section 337 IPC to five thousand rupees under clause a of Section 125 BNS. The maximum term of imprisonment remains six months, and the substantive elements of the offence are unchanged.

Section 125(b) BNS: Causing grievous hurt by act endangering life or personal safety of others

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Bare Act Text

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.

Explained in Simple Words

Section 125(b) of the Bharatiya Nyaya Sanhita (BNS) applies when a person causes grievous hurt by doing any act so rashly or negligently that it endangers human life or the personal safety of others. It covers the most serious non-fatal cases under Section 125 BNS, where reckless or negligent conduct leads to severe injuries such as fractures, permanent disfigurement, or loss of use of a limb or organ.

This provision is often used in serious road accidents, unsafe construction or factory incidents, and cases involving negligent handling of heavy machinery or dangerous substances. To establish the offence, the prosecution must show that the accused acted rashly or negligently in a way that endangered human life or personal safety, and that this conduct caused grievous hurt to the victim.

Because the resulting harm is severe, the law provides a higher punishment than under the opening part of Section 125 BNS or clause (a), carrying imprisonment of either description for up to three years, or a fine of up to ten thousand rupees, or both.

Key Ingredients

  • Doing any act rashly or negligently so as to endanger human life or the personal safety of others
  • Causing grievous hurt to any person as a consequence of that endangering act

Punishment

Bailable ⓘCognizable ⓘCompoundable (with court permission) ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term which may extend to two years under the Bharatiya Nyaya Sanhita; imprisonment of either description for a term which may extend to three years under the Bharatiya Nyaya Sanhita.

💰 Fine which may extend to one thousand rupees under the Indian Penal Code, or ten thousand rupees under the Bharatiya Nyaya Sanhita.

Causing grievous hurt by doing any act so rashly or negligently as to endanger human life or personal safety carries imprisonment of either description for up to three years, or fine of up to ten thousand rupees, or both. The offence is cognizable, bailable, triable by any Magistrate, and compoundable with the permission of the court by the person hurt.

Real-World Example

While operating a heavy crane at an open building construction site adjoining a public street in Jodhpur, Sunil swung an unanchored steel girder across the roadway at high velocity without posting spotters or cordoning off the lane. The swinging girder struck a passing motorcycle, fracturing the leg and pelvis of the rider, Deepak. Sunil did an act so rashly or negligently as to endanger human life and the personal safety of others, and thereby caused grievous hurt to Deepak. Sunil is punishable under Section 125(b) BNS.

When This Does Not Apply

  • The accused did not do an act
  • The act was not done rashly or negligently
  • The act was not done so rashly or negligently as to endanger human life, or the personal safety of others

Previous Law

IPC 338 → Section 125(b) BNS

Section 338 IPC is succeeded by clause b of Section 125 BNS. Under the Bharatiya Nyaya Sanhita, Section 125(b) BNS brings together endangering acts without hurt, with hurt under clause a, and with grievous hurt under clause b. The maximum imprisonment for causing grievous hurt by an endangering act rises from two years under Section 338 IPC to three years under clause b of Section 125 BNS, and the maximum fine increases from one thousand rupees to ten thousand rupees. The substantive ingredients of the offence remain unchanged.

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·