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Notes on hurt and grievous hurt under Bharatiya Nyaya Sanhita (BNS)

Updated: Jun 1

Hurt and Grievous Hurt under Bharatiya Nyaya Sanhita, 2023 (BNS)


In this article, we will be exploring the concepts of Hurt and Grievous Hurt under Bharatiya Nyaya Sanhita, 2023 (BNS)


Hurt (Section 114 of BNS):


According to Section 114 of BNS, causing bodily pain, disease, or infirmity to any person is termed as causing hurt.


Watch JudiX's one minute explainer lecture on Section 114 of BNS



Voluntarily Causing Hurt (Section 115 of BNS):


- Definition: Voluntarily causing hurt is explained in Section 115(1) as doing any act with the intention of causing hurt to a person or with the knowledge that such an act is likely to cause hurt.


- Punishment: Section 115(2) outlines the punishment for voluntarily causing hurt, including imprisonment of up to one year, a fine extending to ten thousand rupees, or both.


Voluntarily Causing Grievous Hurt (Section 117 of BNS):


- Definition: Section 117(1) defines voluntarily causing grievous hurt as causing hurt with the intention or knowledge that grievous hurt is likely to be caused.


- Punishment: Section 117(2) stipulates the punishment for voluntarily causing grievous hurt, with imprisonment of up to seven years and a fine.


Explanation on Voluntarily Causing Grievous Hurt (Section 117 of BNS):


- The explanation clarifies that a person is considered to voluntarily cause grievous hurt only when they both cause and intend or know themselves likely to cause grievous hurt.


Specific Provisions on Grievous Hurt (Section 116 of BNS):


- Section 116 explains the kinds of hurt designated as "grievous," including emasculation, permanent privation of sight or hearing, privation of a member or joint, destruction or permanent impairing of the powers of any member or joint, permanent disfiguration of the head or face; fracture or dislocation of a bone or tooth; any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.


- It further defines grievous hurt as any hurt endangering life or causing severe bodily pain for at least fifteen days, affecting one's ability to follow ordinary pursuits.


Section 118 of BNS - Voluntarily Causing Hurt with Dangerous Weapons:


This section pertains to causing hurt with specific instruments like firearms, knives, or other dangerous items. The punishment includes imprisonment for up to three years or a fine of up to twenty thousand rupees or both.


Section 119 of BNS - Extortion by Causing Hurt:


Dealing with hurt inflicted to extort property or coerce someone into illegal activities, this section prescribes imprisonment for up to ten years and a fine. For grievous hurt with the same purpose, the penalty can extend to life imprisonment.


Section 120 of BNS - Hurting for Confession or Information:


Criminalizing the act of causing hurt to extract a confession or information related to an offense, this section entails imprisonment for up to seven years and a fine.


Section 121 of BNS - Hurting Public Servants on Duty:


Addressing offenses against public servants, this section mandates imprisonment for up to five years, a fine, or both, for voluntarily causing hurt. For grievous hurt against a public servant on duty, the penalty can extend to ten years, along with a fine.


Section 122 of BNS - Hurt on Sudden Provocation:


This section deals with hurt caused under sudden provocation. If no grievous hurt is intended or likely, the penalty is imprisonment for up to one month or a fine of up to five thousand rupees, or both. For grievous hurt, the imprisonment may extend to five years, with a fine.


Section 123 of BNS - Administering Poison or Stupefying Substances:


Criminalizing the act of administering poison or other harmful substances, this section stipulates imprisonment of up to ten years and a fine.


Section 124 of BNS - Acid Attacks and Similar Offenses:


Focusing on acid attacks, this section imposes severe penalties. Causing permanent damage or attempting to do so results in imprisonment, which may extend to life. For less severe cases, the term may range from five to seven years, along with a fine. The fine imposed shall be just and reasonable to meet the medical expenses of the treatment of the victim. It is also mentioned that any fine imposed shall be paid to the victim.


Frequently Asked Questions (FAQs) on Hurt and Grievous Hurt under Bharatiya Nyaya Sanhita, 2023 (BNS):


Q1: What does Section 114 of BNS define as "Hurt"?


A1: Section 114 of BNS defines "Hurt" as the act of causing bodily pain, disease, or infirmity to any person.


Q2: What constitutes "Voluntarily Causing Hurt" under Section 115 of BNS?


A2: Voluntarily causing hurt, according to Section 115(1), involves doing any act with the intention of causing hurt to a person or with the knowledge that such an act is likely to cause hurt.


Q3: What is the punishment for "Voluntarily Causing Hurt" under Section 115 of BNS?


A3: Section 115(2) outlines the punishment, which includes imprisonment of up to one year, a fine extending to ten thousand rupees, or both.


Q4: How does Section 117 of BNS define "Voluntarily Causing Grievous Hurt"?


A4: Section 117(1) defines "Voluntarily Causing Grievous Hurt" as causing hurt with the intention or knowledge that grievous hurt is likely to be caused.


Q5: What are the consequences outlined in Section 117(2) for "Voluntarily Causing Grievous Hurt"?


A5: Section 117(2) prescribes the punishment for voluntarily causing grievous hurt, including imprisonment of up to seven years and a fine.


Q6: What clarification does the explanation under Section 117 provide regarding "Voluntarily Causing Grievous Hurt"?


A6: The explanation clarifies that a person is considered to voluntarily cause grievous hurt only when they both cause and intend or know themselves likely to cause grievous hurt.


Q7: What are the specific provisions regarding grievous hurt outlined in Section 116 of BNS?


A7: Section 116 explains the kinds of hurt designated as "grievous," including emasculation, permanent privation of sight or hearing, privation of a member or joint, and others.


Q8: What does Section 118 of BNS pertain to?


A8: Section 118 addresses "Voluntarily Causing Hurt with Dangerous Weapons," specifying imprisonment for up to three years or a fine of up to twenty thousand rupees or both.


Q9: How does Section 119 of BNS deal with hurt related to extortion?


A9: Section 119 addresses "Extortion by Causing Hurt," prescribing imprisonment for up to ten years and a fine. For grievous hurt with the same purpose, the penalty can extend to life imprisonment.


Q10: What offenses are covered by Section 120 of BNS?


A10: Section 120 criminalizes "Hurting for Confession or Information," with penalties of imprisonment for up to seven years and a fine.


Q11: How does Section 121 of BNS address offenses against public servants?


A11: Section 121 mandates penalties for "Hurting Public Servants on Duty," including imprisonment for up to five years or up to ten years for grievous hurt, along with fines.


Q12: What does Section 122 of BNS deal with regarding hurt?


A12: Section 122 addresses "Hurt on Sudden Provocation," specifying penalties based on the gravity of the harm caused.


Q13: How is the administration of poison addressed in Section 123 of BNS?


A13: Section 123 criminalizes the "Administering Poison or Stupefying Substances," prescribing imprisonment of up to ten years and a fine.


Q14: What are the penalties for acid attacks under Section 124 of BNS?


A14: Section 124 focuses on "Acid Attacks and Similar Offenses," imposing severe penalties ranging from imprisonment to life, along with fines. The fine is intended to meet the victim's medical expenses.


Notes on hurt and grievous hurt under Bharatiya Nyaya Sanhita (BNS)

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