BACK TO SECTIONS
N/ACognizable: N/AN/A
Reform Highlights
1
Renumbered from IPC Section 95 to BNS Section 92.
2
Objective 'ordinary sense and temper' standard preserved.
3
Used by courts to dismiss frivolous criminal complaints over trivial harm.
THE STATUTE
The Clause
Nothing is an offence merely by reason of some harm which it may cause if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
Legal Commentary
Section 92 is the BNS's de minimis exception — the law's recognition that not every technical harm warrants criminal prosecution. If the harm caused is so trivial that a reasonable person of ordinary sense and temper would not complain about it, no offence is committed. This provision filters out frivolous complaints and prevents the weaponisation of criminal law over minor physical contacts, slight inconveniences, and trivial technical violations. Courts apply an objective test: would a reasonable person — not an unusually sensitive one — actually complain about this harm? A gentle brush in a crowded bus, a momentary obstruction of a neighbour's view, or a slight technical trespass causing negligible damage typically falls within this exception. The standard is 'ordinary sense and temper' — not the highly irritable complainant, but not the exceptionally tolerant person either.
Case Simulations
"Lightly touching someone's arm while passing in a hallway — de minimis, not an offence."
"A momentary noise nuisance that passes in seconds — trivial harm under Section 92."
"A repeated, deliberate pattern of even slight touching — NOT de minimis; the repetition and intent matter."
Expert Insights
Under Section 92, accidental, trivial physical contacts that a reasonable person would not complain about are not offences. A light, unintentional brush in a crowded space would typically fall within this exception.