Indian criminal law | General exceptions | Updated October 2026
IPC Section 95 and BNS Section 33: Act Causing Slight Harm
Section 95 of the Indian Penal Code, 1860 and Section 33 of the Bharatiya Nyaya Sanhita, 2023 recognise that extremely trivial harm does not constitute an offence where no person of ordinary sense and temper would complain of it.
Statutory text of IPC Section 95 and BNS Section 33
The wording of the slight-harm exception is the same in both provisions:
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.
This is a general exception, not a separate offence or punishment provision. It may be relevant even when a person intended or knew that some harm could occur, provided the harm meets the stringent statutory standard of triviality.
Meaning and legal requirements
What does slight harm mean?
The law looks beyond the mere existence of an inconvenience, touch, or minor annoyance. The central question is whether the harm is so insignificant that an ordinary person exercising reasonable sense and temper would not complain of it. The test is objective and depends on the circumstances.
De minimis non curat lex
This provision reflects the legal maxim de minimis non curat lex, meaning that the law does not concern itself with trifles. It does not excuse conduct simply because an accused person describes it as minor.
Factors relevant to assessment
The nature and extent of the harm, the circumstances of the act, the parties' situation, and the likely reaction of an ordinary reasonable person may all matter. Repeated intimidation, coercion, meaningful physical injury, or conduct involving serious invasion of rights cannot automatically be treated as slight harm.
Illustrative situations
Potentially trivial: A brief accidental jostle in a crowded public place causing no meaningful injury may, depending on the facts, be too slight for criminal liability.
Not automatically trivial: Deliberately striking someone, persistent harassment, or a minor-looking act causing genuine injury or serious distress may fall outside the exception. Whether the section applies must be determined on the evidence.
IPC Section 95 compared with BNS Section 33
| Feature | IPC Section 95 | BNS Section 33 |
|---|---|---|
| Heading | Act causing slight harm | Act causing slight harm |
| Nature | General exception | General exception |
| Standard | Harm too slight for an ordinary person of sense and temper to complain | Same statutory standard |
| Applicability | Earlier IPC regime and relevant saved proceedings | BNS regime from 1 July 2024 |
| Independent penalty | None | None |
Relationship with private defence
In the original IPC, the heading Of the Right of Private Defence follows Section 95, introducing Section 96 onwards. In the BNS, the corresponding heading follows Section 33 and begins with Section 34 - Things done in private defence. Slight harm and private defence are distinct general exceptions and must not be confused.
Frequently asked questions
Is every minor injury excluded from criminal liability?
No. The harm must satisfy the statutory test. The circumstances and seriousness of the conduct are important.
Does Section 95 IPC prescribe imprisonment or a fine?
No. It is a general exception explaining when an act does not amount to an offence by reason of trivial harm.
Which provision applies after 1 July 2024?
Section 33 BNS is the corresponding provision under the new criminal law. Earlier conduct and proceedings may continue to require consideration of the IPC and applicable savings provisions.
Official legal references
Read the Ministry of Home Affairs - New Criminal Laws, the NCRB statutory text of the Bharatiya Nyaya Sanhita, and the Bureau of Police Research and Development BNS reference PDF for primary and government-published material.
Legal information note: This article provides general legal information. Application of the exception in any particular case depends on the facts, evidence, applicable legislation, and judicial interpretation.