Bharatiya Nyaya Sanhita, 2023
Section 125
Act endangering life or personal safety of others
Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two thousand five hundred rupees, or with both, but—
(a) where hurt is caused, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both;
(b) where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.
Of wrongful restraint and wrongful confinement
Why this exists
This provision continues a long-standing principle from the Indian Penal Code, 1860 (formerly Sections 336–338), which criminalized rash or negligent conduct endangering public safety — such as careless driving, handling firearms carelessly, or mishandling hazardous substances — even before any actual harm occurs. The graded punishment structure (no hurt, hurt, grievous hurt) reflects the idea that the law should punish dangerous behavior itself, not just its consequences, while increasing the penalty as real harm results.
How courts read it
Courts under the earlier IPC provisions (Sections 336-338) consistently held that 'rashness' means doing an act with awareness of possible danger but hoping it won't cause harm, while 'negligence' means failing to take reasonable care that a prudent person would take. Judgments emphasized that mere accident or an act done with proper care, even if it results in injury, does not attract this section — there must be actual rashness or negligence. Courts have applied this to cases involving reckless driving, careless use of firearms, faulty electrical work, and negligent medical or industrial acts, distinguishing this general provision from more specific offences like those dealing with death caused by rash driving.
Common misconceptions
- Myth: You can only be punished under this law if someone actually gets injured.
Fact: The base offense applies even if no one is hurt — simply endangering life or safety through recklessness or negligence is enough; injury only increases the punishment. - Myth: Any accident, even one caused with due care, is punishable under this section.
Fact: Courts have held that genuine accidents where reasonable care was taken do not attract this section — there must be actual rashness or negligence, not just an unfortunate outcome. - Myth: The line about 'wrongful restraint and wrongful confinement' is part of this rash-act offense.
Fact: That phrase is simply a heading for the next group of sections in the law and has no substantive connection to the rash or negligent act provision above it.