Act causing slight harm
Section 33 of the Bharatiya Nyaya Sanhita, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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.
Section 33, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 95 Act causing slight harm Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Md. Khurshid Alam Ansari and Anr. vs The State of Bihar& ANR.
Decided under Indian Penal Code 95, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Government officials acting in their official capacity during the performance of their duties, such as maintaining order during an official inspection, are protected from criminal prosecution under Section 95 IPC. A complaint arising from a personal sense of affront due to legitimate official action constitutes an abuse of process and warrants quashing of cognizance proceedings.
On this section: Act of a person justified by law - provides immunity to public servants acting in official capacity; court accepted this as applicable defense
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C.ashok Vardhan vs State of Bihar& ANR.
Decided under Indian Penal Code 95, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a complaint discloses no criminal offence as defined in law, particularly when essential ingredients of the alleged offence (such as entrustment in Section 406 IPC) are absent, the High Court should exercise its inherent power under Section 482 CrPC to quash the entire proceeding and cognizance order. Higher courts have a duty to prevent frivolous and vexatious litigation from clogging the criminal justice system, especially where the harm complained of is so slight that no person of ordinary sense and temper would complain of it.
On this section: Slight harm exception - Court emphasized that this section should be given greater importance to exclude cases where harm is so slight that no person of ordinary sense would complain, particularly in context of frivolous litigation
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 33
What have the courts held on Section 33 of the Bharatiya Nyaya Sanhita?
Md. Khurshid Alam Ansari and Anr. vs The State of Bihar& ANR. (18 Oct 2012) is the leading judgment on this section among those set out below, though it was decided under IPC 95, which this section replaced -- the court never mentioned this Act: Act of a person justified by law - provides immunity to public servants acting in official capacity; court accepted this as applicable defense. Another 1 judgment on this section is set out below. They run from 2010 to 2012.
How do I find court cases under Section 33 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 33, section 33 BNS, section 33 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Md. Khurshid Alam Ansari and Anr. vs The State of Bihar& ANR. (18 Oct 2012).
What should I read with Section 33 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 95 (Act causing slight harm), so the judgments decided under that provision are the case law on this one.
When did Section 33 of the Bharatiya Nyaya Sanhita come into force?
Section 33 of the Bharatiya Nyaya Sanhita, cited as BNS 33, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.