BNS 116 — Grievous hurt.

Bharatiya Nyaya Sanhita, 2023

Statutory text

116. The following kinds of hurt only are designated as “grievous”,
namely:–
(a) Emasculation;
(b) Permanent privation of the sight of either eye;
(c) Permanent privation of the hearing of either ear;
(d) Privation of any member or joint;
(e)  Destruction or  permanent  impairing  of the  powers  of any
member or joint;
(f) Permanent disfiguration of the head or face;
(g) Fracture or dislocation of a bone or tooth;
(h) 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.
Voluntarily causing grievous hurt.
117.(1) Whoever voluntarily causes hurt, if the hurt which he intends
to cause or knows himself to be likely to cause is grievous hurt, and if the
hurt which he causes is grievous hurt, is said “voluntarily to cause grievous
hurt”.

Explanation.—A person is not said voluntarily to cause grievous hurt
except when he both causes grievous hurt and intends or knows himself to
be likely to cause grievous hurt. But he is said voluntarily to cause grievous
hurt, if intending or knowing himself to be likely to cause grievous hurt of
one kind, he actually causes grievous hurt of another kind.
Illustration.
A, intending of knowing himself to be likely permanently to disfigure
Z’s face, gives Z a blow which does not permanently disfigure Z’s face, but
which causes Z to suffer severe bodily pain for the space of fifteen days. A
has voluntarily caused grievous hurt.
(2) Whoever, except in the case provided for by sub-section (2) of
section  122,  voluntarily  causes  grievous  hurt,  shall  be  punished  with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
(3)  Whoever  commits  an  offence  under  sub-section  (1)  and  in  the
course of such commission causes any hurt to a person which causes that
person to be in permanent disability or in persistent vegetative state, shall
be punished with rigorous imprisonment for a term which shall not be less
than ten years but which may extend to imprisonment for life, which shall
mean imprisonment for the remainder of that person’s natural life.
 (4) When a group of five or more persons acting in concert, causes
grievous hurt to a person on the ground of his race, caste or community,
sex, place of birth, language, personal belief or any other similar ground,
each  member  of  such  group  shall  be  guilty  of  the  offence  of  causing
grievous   hurt,   and   shall   be   punished   with   imprisonment   of   either
description for a term which may extend to seven years, and shall also be
liable to fine.
Voluntarily causing hurt or grievous hurt by dangerous weapons or
means.
118.(1) Whoever, except in the case provided for by sub-section (1)
of  section  122,  voluntarily  causes  hurt  by  means  of  any  instrument  for
shooting, stabbing or cutting, or any instrument which, used as a weapon
of  offence,  is  likely  to  cause  death,  or  by  means  of  fire  or  any  heated
substance,  or  by means  of any poison  or  any corrosive  substance,  or  by
means of any explosive substance, or by means of any substance which it
is deleterious to the human body to inhale, to swallow, or to receive into
the blood, or by means of any animal, shall be punished with imprisonment
of either description for a term which may extend to three years, or with
fine which may extend to twenty thousand rupees, or with both.

(2) Whoever, except in the case provided for by sub-section (2) of
section 122, voluntarily causes grievous hurt by any means referred to in
sub–section  (1),  shall  be  punished  with  imprisonment  for  life,  or  with
imprisonment of either description for a term which shall not be less than
one year but which may extend to ten years, and shall also be liable to fine.
Voluntarily causing hurt or grievous hurt to extort property, or to
constrain to an illegal act.
119.(1) Whoever voluntarily causes hurt for the purpose of extorting
from  the  sufferer,  or  from  any  person  interested  in  the  sufferer,  any
property or valuable security, or of constraining the sufferer or any person
interested  in  such  sufferer  to  do  anything  which  is  illegal  or  which  may
facilitate   the   commission   of   an   offence,   shall   be   punished   with
imprisonment  of  either  description  for  a  term  which  may  extend  to  ten
years, and shall also be liable to fine.
(2)  Whoever  voluntarily  causes  grievous  hurt  for  any  purpose
referred to in sub-section (1), shall be punished with imprisonment for life,
or imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Voluntarily causing hurt or grievous hurt to extort confession, or to
compel restoration of property.

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