Legal Remedies for Harm Caused by a Service Provider in India: A Guide under BNS, BNSS, BSA & Consumer Protection Laws (2025)
Published by: [Legal Court Web]
Date: April 2025
In India, if a barber, beautician, spa worker, or any service provider causes harm due to negligence, misconduct, or lack of professional standards, the affected consumer has the legal right to seek remedies under both criminal and civil/consumer laws. With the introduction of Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) in 2023, the grievance redressal process has become clearer and more structured.
This article outlines your rights, legal options, and step-by-step remedies if harmed by a service provider in 2025.
1. Legal Provisions Applicable
A. Criminal Law – Bharatiya Nyaya Sanhita (BNS), 2023
If the harm caused is physical, psychological, or permanent in nature, the following sections may apply:
- Section 120, BNS – Causing Hurt by Rash or Negligent Act Applicable when harm is caused due to carelessness (e.g., injury by sharp razor or use of harmful chemicals).
- Section 122, BNS – Voluntarily causing grievous hurt Applies in cases where injury is serious and intentional.
- Section 281, BNS – Negligent conduct in service of public or client Applies to service professionals whose negligence causes danger to life or health.
B. Civil/Consumer Law – Consumer Protection Act, 2019 (as applicable in 2025)
Service-related negligence or harm qualifies as deficiency in service under:
- Section 2(11) – “Deficiency” in service.
- Section 17 & 21 – Jurisdiction and powers of Consumer Commissions (District/State/National).
Remedies include:
- Refund
- Compensation for injury, mental trauma, or loss
- Litigation costs
- Punitive damages (in severe cases)
C. Evidence Law – Bharatiya Sakshya Adhiniyam (BSA), 2023
To support your claim:
- Photo/video evidence of injury or service
- Medical reports
- Bills/invoices
- Witness testimony
BSA allows electronic evidence to be formally admitted.
2. Step-by-Step Grievance Redressal Process (2025)
Step 1: Document the Incident
- Take photographs or videos of the injury or damage immediately.
- Retain receipts, bills, appointment records, and communications (WhatsApp, email, etc.).
- Get a medical report if injury is involved.
Step 2: Communicate with the Service Provider
- Send a written complaint (email or WhatsApp with timestamp) describing:
- The service provided
- Nature of harm
- Compensation sought
Allow a reasonable time (7–10 days) for resolution.
Step 3: File a Consumer Complaint (if unresolved)
Depending on the value of the claim:
- Up to ₹50 lakh: File at District Consumer Commission
- ₹50 lakh – ₹2 crore: File at State Commission
- Above ₹2 crore: File at National Commission
Can be filed:
- Online via E-Daakhil portal (https://edaakhil.nic.in)
- Or physically with jurisdictional commission
Step 4: File FIR if Criminal Elements Exist
If the act involves:
- Physical injury
- Chemical burns
- Intentional harm
Then file an FIR under relevant BNS sections at the nearest police station or via online police portal of your state.
Police are obligated to register under BNSS, 2023 Section 173 (FIR registration and investigation).
Step 5: Approach Legal Aid or Consumer Helplines
- National Consumer Helpline (NCH): 1800-11-4000
- State legal services authorities offer free legal aid if needed.
3. Compensation & Penalties
Depending on case facts, the authorities can award:
| Type of Relief | Applicable Law | Forum |
|---|---|---|
| Refund | Consumer Protection Act | District Commission |
| Compensation for injury | Consumer Protection Act / BNS | Commission / Court |
| Criminal penalty to provider | BNS | Magistrate Court |
| Injunction (ban on practice) | Consumer Forum / Local Authority | Consumer Forum |
4. Precautions & Recommendations
- Always choose certified service providers.
- Check for licenses, hygiene standards, and client reviews.
- Demand an invoice after the service.
- Know your rights under Indian law.
Conclusion
Harm caused by barbers or service providers—whether physical or emotional—is not just an unfortunate mishap; it’s a legally addressable wrong. With the updated BNS, BNSS, and BSA, victims now have a stronger, faster mechanism for justice. The Consumer Protection Act (2019) remains a robust framework for claiming compensation, while criminal laws ensure deterrence for gross negligence or intentional harm.
If you’ve suffered due to a service provider’s negligence, don’t stay silent—assert your rights, document everything, and act quickly.
[Legal Court Web]
This content is for education purpose only.
Contact an expert for details.