Bharatiya Nyaya Sanhita: Section 33- Acts Causing Minor Harm That Aren’t Considered Offenses

Section 33 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses acts that cause minimal harm, stating:

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.

Key Elements of Section 33:

1. Nature of Harm: The harm must be minimal or trivial.
2. Perception by a Reasonable Person: The harm should be so insignificant that an average person with common sense and normal temperament would not find it worth complaining about.

Illustrative Examples:

• Accidental Minor Contact: In a crowded place, if someone unintentionally brushes against another person without causing injury or discomfort, such slight contact wouldn’t be considered an offense under Section 33.
• Playful Actions Among Friends: Light-hearted teasing or a gentle pat among friends, where no one feels hurt or offended, would fall under the purview of this section, as the harm is negligible.

Purpose of Section 33:

This provision ensures that the legal system doesn’t get burdened with trivial complaints. It promotes a practical approach, focusing on significant offenses and encouraging individuals to overlook minor, everyday interactions that don’t cause substantial harm.

Judicial Interpretation and Case Laws:

While specific case laws under Section 33 of the BNS, 2023, may not be available due to its recent enactment, the section aligns with the principles of de minimis non curat lex (“the law does not concern itself with trifles”).

Indian courts have historically applied this principle to dismiss cases involving negligible harm.

Section 33 of the Bharatiya Nyaya Sanhita, 2023, embodies the legal principle that trivial matters should not be subject to legal action.

By setting a threshold for what constitutes an offense, it ensures that the judicial system remains efficient and focused on more serious matters, encouraging individuals to exercise tolerance towards minor, everyday interactions.