Act causing slight harm
Section 95 of the Indian Penal Code, 1860 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 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Of the Right of Private Defence
Section 95, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 33 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 The repealed enactment still governs what happened while it was in force.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.
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.
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 95
What have the courts held on Section 95 of the Indian Penal Code?
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: 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 95 of the Indian Penal Code?
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: IPC 95, section 95 IPC, section 95 of the Indian Penal Code. People searching for it also type ipc 95 in bns. 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 95 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 33 (Act causing slight harm), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 95 of the Indian Penal Code come into force?
Section 95 of the Indian Penal Code, cited as IPC 95, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.