BNS 117 — Voluntarily causing grievous hurt.

Bharatiya Nyaya Sanhita, 2023

Statutory text

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.

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