Section 33 BNS: Act causing slight harm
Bharatiya Nyaya Sanhita, 2023
Section 33 BNS at a Glance
Section 33 BNS deals with act causing slight harm. It replaced Section 95 IPC on 1 July 2024.
None. Section 33 BNS creates no offence.
Section 33 BNS Bare Act Text
33. Act causing slight harm
Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
Source: Section 33, Bharatiya Nyaya Sanhita, 2023
Section 33 BNS in Simple Words
Section 33 of the Bharatiya Nyaya Sanhita (BNS) protects a person from criminal liability where the harm caused, or intended or known to be likely to be caused, is so slight that no person of ordinary sense and temper would complain of it. The law recognises that not every minor hurt, nuisance, or interference should become a criminal case. The test is not just whether some harm occurred, but whether the harm is so trivial that it falls within ordinary social tolerance. This section can apply to many everyday situations, especially where there is a technical breach but no real injury of legal significance.
It does not give a blanket excuse for wrongful conduct. The court looks at the nature of the act, the extent of the harm, and whether the complaint is serious enough to justify criminal punishment. In practice, it often helps filter out petty disputes from the criminal justice system and keeps the focus on conduct that truly matters in law.
Ingredients of Section 33 BNS
- An act causes, is intended to cause, or is known to be likely to cause some harm
- The harm is so slight that no person of ordinary sense and temper would complain of it
- The act would be an offence only by reason of that harm
Punishment Under Section 33 BNS
None. Section 33 BNS creates no offence.
None.
Section 33 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.
Example of Section 33 BNS
When Section 33 BNS Does Not Apply
- The harm is not slight, so that a person of ordinary sense and temper would complain of it
- The act causes, or is intended or known to be likely to cause, harm that goes beyond trivial injury
Section 33 BNS in the IPC (Previous Law)
Section 33 BNS replaces Section 95 IPC from the old criminal code.
Section 33 BNS keeps the exception word for word.
View IPC Section 95 โFAQs on Section 33 BNS
Does Section 33 BNS mean a person can never be punished for minor harm?โผ
No. It only protects acts where the harm is so small that criminal law should not step in. If the injury, loss, or annoyance is more than trivial, this section will not help.
Can Section 33 BNS be used in a case involving a small injury?โผ
Sometimes, yes. The court will look at how minor the injury was, the circumstances, and whether the act really deserves criminal treatment. A small injury alone does not automatically bring a case within this section.
Is Section 33 BNS a defence in court?โผ
Yes, it is a legal defence under the general exceptions. The accused can rely on it to show that the act caused only slight harm and should not attract criminal liability.
What is the practical use of Section 33 BNS?โผ
It prevents criminal law from being used for petty matters. Courts use it to separate real offences from trivial incidents that do not justify prosecution.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 ยท Last updated: 16 Oct 2026 ยท