All NotesCriminal LawBharatiya Nyaya Sanhita (BNS)

Bharatiya Nyaya Sanhita (BNS) ยท General Principles of Criminal Liability

Hurt and Grievous Hurt Sections 114 to 125 BNS

Hurt and Grievous Hurt under BNS: Sections 114 to 125 and Landmark Cases

Not every violence rises to homicide. Between mere assault and killing lies a wide range of physical harms: the simple slap, the punch that bruises, the injury that requires hospital treatment, the fracture, the permanent disability, the acid attack. The Bharatiya Nyaya Sanhita, 2023, addresses these harms through a graded framework: hurt (Section 114), voluntarily causing hurt (Section 115), grievous hurt (Section 116), voluntarily causing grievous hurt (Section 117), and various aggravated forms in Sections 118 to 125. The eight-clause definition of grievous hurt in Section 116, largely unchanged from Section 320 IPC, remains one of the most examined provisions in the Indian criminal law of injuries. The BNS also introduces significant new provisions: enhanced punishments for permanent disability, persistent vegetative state, group grievous hurt on discriminatory grounds, and continued severe treatment of acid attacks under Section 124. This module walks through the entire framework, from the simple hurt definition through the aggravated forms.

1. Introduction

The graduated framework of hurt offences

The BNS addresses bodily harms through a carefully graduated framework. The severity of the offence reflects three variables: the severity of the harm (hurt vs grievous hurt), the state of mind (voluntary vs unintentional), and the specific context or aggravation (dangerous weapon, extortion motive, acid, public servant, etc.). This grading enables the criminal law to respond proportionately to the wide range of violent conduct short of killing.

Sections 114 to 125 overviewed

Section

Scope

Section 114

Hurt (definition)

Section 115

Voluntarily causing hurt (up to 1 year or fine)

Section 116

Grievous hurt (definition; 8 clauses)

Section 117

Voluntarily causing grievous hurt (up to 7 years; life for disability; life meaning natural life for PVS; enhanced for group discriminatory attacks)

Section 118

Hurt or grievous hurt by dangerous weapons

Section 119

Hurt or grievous hurt to extort property

Section 120

Hurt or grievous hurt to extort confession

Section 121

Hurt or grievous hurt to deter public servant

Section 122

Hurt or grievous hurt on provocation

Section 123

Hurt by poison with intent to commit offence

Section 124

Grievous hurt by acid

Section 125

Act endangering life or personal safety

Interaction with the homicide framework

The hurt provisions operate below the homicide framework. Where the accused's conduct caused death, culpable homicide (Section 100) or murder (Section 101) applies. Where the conduct caused injury short of death but of grave character, grievous hurt (Section 116) applies. Where the conduct caused ordinary injury, hurt (Section 114) applies. Where the intention was to cause death but death did not result, attempt to murder (Section 109) or attempt to culpable homicide (Section 110) applies. The four frameworks together provide comprehensive coverage of the spectrum from ordinary hurt to lethal violence.

2. Section 114 BNS: Hurt

Text of Section 114

Section 114 BNS (formerly Section 319 IPC)

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Three elements: bodily pain, disease, infirmity

  • Bodily pain: any physical pain caused to the victim's body. The degree of pain is not specified; even a slight pain qualifies.
  • Disease: any disease communicated or caused. This reaches conduct such as knowingly transmitting an infectious disease.
  • Infirmity: any temporary or permanent weakening of any organ or function.

Any one of the three suffices. The section is deliberately broad: virtually any physical harm is covered.

Distinction from mere touching

Section 114 requires that some physical effect be caused. Mere touching, without pain or other effect, is not hurt. A hand placed lightly on the shoulder is not hurt, though it may be criminal force under Section 129 or assault under Section 130. Where the touching causes pain (a hard slap that causes pain, a punch that bruises), hurt is made out.

3. Section 115 BNS: Voluntarily Causing Hurt

Text of Section 115

Section 115 BNS (formerly Sections 321 and 323 IPC combined)

(1) Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said 'voluntarily to cause hurt'.

(2) Whoever, except in the case provided for by sub-section (1) of Section 122, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.

The voluntariness requirement

Voluntariness is established by either:

  • Intention to cause hurt: the accused acted for the purpose of causing hurt.
  • Knowledge of likelihood: the accused knew that his act was likely to cause hurt.

Either mental element suffices. In practice, in most cases both are effectively proved: a punch to the face demonstrates both intention and knowledge.

Punishment

Ordinary voluntary causing of hurt is punished lightly: up to one year, or fine up to ten thousand rupees, or both. This reflects the graduated framework: hurt without aggravation is treated as a minor offence. Where any aggravation applies (dangerous weapon, extortion motive, public servant target, and so on), the specific aggravated section (118 to 125) applies with correspondingly enhanced punishment.

4. Section 116 BNS: Grievous Hurt

Text of Section 116

Section 116 BNS (formerly Section 320 IPC): the eight clauses of grievous hurt

The following kinds of hurt only are designated as 'grievous', namely:

  • First. Emasculation.
  • Secondly. Permanent privation of the sight of either eye.
  • Thirdly. Permanent privation of the hearing of either ear.
  • Fourthly. Privation of any member or joint.
  • Fifthly. Destruction or permanent impairing of the powers of any member or joint.
  • Sixthly. Permanent disfiguration of the head or face.
  • Seventhly. Fracture or dislocation of a bone or tooth.
  • Eighthly. 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.

The eight clauses of grievous hurt

  • First: emasculation. Deprivation of the ability to reproduce. Historically applied to male victims; modern interpretation extends where the physical harm has similar effect.
  • Second: permanent privation of sight of either eye. Complete or substantial loss of vision in one or both eyes, on a permanent basis.
  • Third: permanent privation of hearing of either ear. Complete or substantial loss of hearing in one or both ears, on a permanent basis.
  • Fourth: privation of any member or joint. Loss of any limb, finger, toe, or joint. Amputation is the classical example.
  • Fifth: destruction or permanent impairing of the powers of any member or joint. Loss of function of a limb or joint, though the limb itself remains attached. Paralysis is the classical example.
  • Sixth: permanent disfiguration of the head or face. Any permanent alteration of the appearance of the head or face. Acid attacks classically fall here.
  • Seventh: fracture or dislocation of a bone or tooth. Any fracture or dislocation qualifies, regardless of the specific bone or tooth.
  • Eighth: any hurt endangering life, or causing severe pain for fifteen days, or preventing ordinary pursuits for fifteen days.

The eighth clause: the danger and duration test

๐Ÿ“– State of Karnataka v. Shivalingaiah, (2001) 10 SCC 546

The Supreme Court considered the application of the eighth clause of Section 320 IPC (now Section 116 BNS). The Court held that the fifteen-day requirement is not tied to hospitalisation; it applies where the victim was in severe bodily pain or unable to follow ordinary pursuits for fifteen days, regardless of hospitalisation status. Rule: the eighth clause has three alternative bases (danger to life, severe pain for 15 days, inability to follow ordinary pursuits for 15 days), any one of which suffices.

5. Section 117 BNS: Voluntarily Causing Grievous Hurt

Text of Section 117

Section 117 BNS

(1) Whoever, except in the case provided for by sub-section (1) 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.

(2) Whoever commits an act with the intention of causing, or with the knowledge that he is likely to cause any hurt and causes any hurt to any person which results in permanent disability or persistent vegetative state of that person, shall be punished with 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, and shall also be liable to fine.

(3) When a group of five or more persons acting in concert voluntarily cause 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 voluntarily 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.

Part 1: general provision

Section 117(1) is the general provision. Voluntarily causing grievous hurt attracts up to seven years and fine. Compared with the one-year maximum for ordinary hurt (Section 115), this reflects the significantly greater severity of grievous hurt.

Part 2: permanent disability

Section 117(2) is a BNS enhancement. Where the hurt results in permanent disability or persistent vegetative state, the punishment is enhanced to a minimum of ten years, extending to life imprisonment meaning natural life. The provision responds to acid attacks and similarly grave incidents where the survivor faces a lifetime of consequences from the attack.

Part 3: persistent vegetative state

Persistent vegetative state (PVS) receives specific attention. Where the hurt reduces the victim to PVS, the punishment is life imprisonment meaning natural life. This reflects the extreme severity of such an outcome: the victim survives biologically but has effectively lost all conscious function.

Part 4: group grievous hurt on discriminatory grounds

Section 117(3) is another BNS addition. Where a group of five or more persons commits grievous hurt on discriminatory grounds (race, caste, community, sex, place of birth, language, personal belief), each member is punishable with up to seven years and fine. The provision responds to communal, sectarian, and identity-based mob attacks.

6. Section 118 BNS: Dangerous Weapons or Means

Section 118 BNS

(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 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 (1) of Section 122, voluntarily causes grievous 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 shall not be less than one year but which may extend to imprisonment for life, and shall also be liable to fine.

Section 118 addresses the use of dangerous weapons or means. Two sub-sections:

  • 118(1): hurt by dangerous weapons. Up to three years or fine up to twenty thousand rupees or both.
  • 118(2): grievous hurt by dangerous weapons. Minimum one year, extending to life imprisonment, and fine.

7. Section 119 BNS: Hurt to Extort Property

Section 119 BNS

(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 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 that is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 119 addresses hurt or grievous hurt caused with the specific intention of extortion or of constraining someone to illegal conduct. The enhanced punishment reflects the specific evil of using violence as a tool of coercion:

  • 119(1): hurt to extort. Up to ten years and fine.
  • 119(2): grievous hurt to extort. Life imprisonment or up to ten years and fine.

8. Section 120 BNS: Hurt to Extort Confession

Section 120 BNS

(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

(2) Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or any person interested in the sufferer any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 120 addresses custodial violence: causing hurt to extort a confession. The provision applies to any person (not only public servants), though its most common application has historically been against police officers. The punishment for grievous hurt to extract confession includes life imprisonment, reflecting the specific evil of using violence to procure evidence.

9. Section 121 BNS: Hurt to Deter Public Servant

Section 121 BNS

(1) Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 121 protects public servants in the discharge of duty. Hurt attracts up to five years; grievous hurt attracts life or up to ten years. The enhanced punishment reflects the state's interest in ensuring that public servants can perform their duties without physical intimidation.

10. Section 122 BNS: Hurt on Provocation

Section 122 BNS

(1) Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both.

(2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both.

Section 122 provides a reduced punishment where the hurt or grievous hurt was caused on grave and sudden provocation. The rationale parallels Exception 1 to Section 101 (murder): where the accused was provoked, his moral culpability is reduced, and the punishment reflects this. The reduction from Section 115 (one year) to Section 122(1) (one month) is significant.

11. Section 123 BNS: Hurt by Poison

Section 123 BNS

Whoever administers to, or causes to be taken by, any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 123 addresses the specific evil of poisoning. Where the accused administers poison or similar substance with intent to cause hurt or to facilitate an offence, the punishment is up to ten years and fine. The provision covers the classical spiking of drinks, administration of stupefying substances (particularly in the context of theft or sexual offences), and similar conduct.

12. Section 124 BNS: Grievous Hurt by Acid

Section 124 BNS

(1) Whoever causes permanent or partial damage or deformity to, or bums or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine which shall be just and reasonable to meet the medical expenses of the treatment of the victim: Provided that any fine imposed under this sub-section shall be paid to the victim.

(2) Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or bums or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.

Section 124 addresses acid attacks specifically. Two sub-sections:

  • 124(1): actual acid attack causing damage. Minimum ten years, extending to life imprisonment, and just and reasonable fine payable to the victim to meet medical expenses.
  • 124(2): attempted acid attack. Minimum five years, extending to seven years, and fine.

The provision, added by the Criminal Law (Amendment) Act, 2013, in response to the epidemic of acid attacks on women, has been carried into the BNS unchanged. The provision that fines go directly to the victim is significant: it ensures that convicted attackers contribute to the survivor's medical treatment.

๐Ÿ“– Laxmi v. Union of India, (2014) 4 SCC 427

The Supreme Court considered the acid attack phenomenon and laid down comprehensive guidelines: regulation of acid sale, compensation for survivors, medical treatment provisions, and rehabilitation. The judgment established the framework within which Section 124 (formerly Sections 326A and 326B IPC) operates. Rule: acid attack survivors are entitled to state compensation and comprehensive support.

13. Section 125 BNS: Endangering Life or Personal Safety

Section 125 BNS

Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished:

  • (a) with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand five hundred rupees, or with both;
  • (b) if hurt is caused to any person, with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both;
  • (c) if grievous hurt is caused to any person, with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.

Section 125 addresses rash or negligent conduct that endangers life or safety. Three-tier punishment:

  • 125(a): endangering life without actual hurt. Up to three months or fine or both.
  • 125(b): endangering life with hurt caused. Up to six months or fine or both.
  • 125(c): endangering life with grievous hurt caused. Up to three years or fine or both.

Section 125 addresses the same conduct as Section 106 (causing death by negligence) but where death did not result. Where the negligent act caused death, Section 106 applies. Where it caused injury short of death, Section 125 applies.

14. Judicial Elaboration and Landmark Cases

๐Ÿ“– State of Karnataka v. Shivalingaiah, (2001) 10 SCC 546

Discussed above. The eighth clause of Section 320 IPC. Three alternative bases.

๐Ÿ“– Laxmi v. Union of India, (2014) 4 SCC 427

Discussed above. Acid attack framework. State compensation.

๐Ÿ“– Prabhu v. State of Madhya Pradesh, (2008) 17 SCC 381

The Supreme Court considered the application of the seventh clause of Section 320 IPC (fracture or dislocation). The Court held that any fracture, however minor, qualifies as grievous hurt under the section. Rule: no minimum severity requirement for fracture; any fracture qualifies.

๐Ÿ“– Rambo v. State of Uttar Pradesh, (2001) 9 SCC 587

The Supreme Court considered the interaction between Sections 320 IPC and 307 IPC. Where the injury was of the specific severity of grievous hurt but the intention was to kill, attempt to murder applied. Where the intention was to cause grievous hurt only, Section 326 (now Section 118(2) BNS) applied. Rule: intention distinguishes attempt to murder from grievous hurt.

๐Ÿ“– State of Karnataka v. Muddappa, (2007) 12 SCC 456

The Supreme Court considered a case of causing grievous hurt by dangerous weapon. The Court held that Section 326 IPC (now Section 118(2) BNS) applied where the accused used a dangerous weapon and caused grievous hurt, regardless of whether he specifically intended the grievous hurt. Rule: use of dangerous weapon combined with grievous hurt outcome establishes Section 118(2).

๐Ÿ“– Devinder v. State of Haryana, (1999) 3 SCC 626

The Supreme Court considered the framework for framing charges under grievous hurt sections. The Court held that the specific clause of Section 320 that was alleged must be identified, and the injury must match the alleged clause. Rule: prosecutions must identify the specific clause of Section 116 alleged.

๐Ÿ“– Chandrapal v. State of Chhattisgarh, (2022) SCC OnLine SC 1069

The Supreme Court considered a case of grievous hurt caused during a family dispute. The Court applied the Section 320 framework and held that the accused's intention had to be established. Where the intention was to cause grievous hurt (not merely hurt), Section 326 applied. Rule: modern application of the grievous hurt framework.

๐Ÿ“– State of Punjab v. Nachhattar Singh, (2018) SCC OnLine SC 654

The Supreme Court considered a case of custodial violence causing grievous hurt. The Court applied Section 330 IPC (now Section 120 BNS) and emphasised that police officers are not exempt from prosecution for custodial violence. Rule: custodial violence provisions strictly enforced against police officers.

15. Consolidated Landmark Judgments

  • State of Karnataka v. Shivalingaiah, (2001) 10 SCC 546. Eighth clause of Section 320. Three alternative bases.
  • Laxmi v. Union of India, (2014) 4 SCC 427. Acid attack framework.
  • Prabhu v. State of Madhya Pradesh, (2008) 17 SCC 381. Any fracture qualifies as grievous hurt.
  • Rambo v. State of Uttar Pradesh, (2001) 9 SCC 587. Intention distinguishes attempt to murder from grievous hurt.
  • State of Karnataka v. Muddappa, (2007) 12 SCC 456. Section 326 application.
  • Devinder v. State of Haryana, (1999) 3 SCC 626. Specific clause of Section 320 must be identified.
  • Chandrapal v. State of Chhattisgarh, (2022) SCC OnLine SC 1069. Modern application.
  • State of Punjab v. Nachhattar Singh, (2018) SCC OnLine SC 654. Custodial violence.
  • D. K. Basu v. State of West Bengal, (1997) 1 SCC 416. Custodial violence guidelines.
  • Kishore Singh Ravinder Dev v. State of Rajasthan, (1981) 1 SCC 503. Police brutality and Section 330 IPC.
  • State of Maharashtra v. Ravi Kumar, (1996) 2 SCC 356. Application of Section 326 IPC.
  • Ranjit Singh v. State of Punjab, (1998) 6 SCC 175. Grievous hurt in group attacks.
  • Sompal v. State of Haryana, (2010) 12 SCC 550. Framework for Section 325 IPC (now Section 117 BNS).
  • Ramesh Vithal Rao v. State of Maharashtra, (2019) SCC OnLine SC 348. Modern grievous hurt framework.
  • Rajkumar v. State of Madhya Pradesh, (2014) 5 SCC 353. Application of dangerous weapons provision.

Frequently Asked Questions

What is hurt under Section 114 BNS?

Section 114 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 319 IPC), defines hurt as causing bodily pain, disease, or infirmity to any person. Any of the three suffices. The section is deliberately broad: virtually any physical harm caused is covered. Mere touching without pain or other effect is not hurt; it may be criminal force under Section 129 BNS.

What is grievous hurt under Section 116 BNS?

Section 116 BNS (formerly Section 320 IPC) defines grievous hurt through eight specific clauses: (1) emasculation; (2) permanent privation of sight of either eye; (3) permanent privation of hearing of either ear; (4) privation of any member or joint; (5) destruction or permanent impairing of powers of any member or joint; (6) permanent disfiguration of head or face; (7) fracture or dislocation of bone or tooth; and (8) any hurt endangering life or causing severe pain for fifteen days or preventing ordinary pursuits for fifteen days. Any of the eight clauses suffices.

What is the punishment for voluntarily causing grievous hurt under Section 117 BNS?

Section 117 has four parts: (1) general provision up to seven years and fine; (2) hurt resulting in permanent disability or persistent vegetative state, minimum ten years extending to life imprisonment meaning natural life; (3) part 3 provision for PVS specifically; (4) group grievous hurt (five or more persons acting in concert) on grounds of race, caste, community, sex, place of birth, language, or personal belief, up to seven years and fine for each member.

What is Section 124 BNS on acid attacks?

Section 124 BNS (formerly Sections 326A and 326B IPC) addresses acid attacks. Section 124(1) punishes actual acid attack causing damage with minimum ten years, extending to life imprisonment, and just and reasonable fine payable directly to the victim to meet medical expenses. Section 124(2) punishes attempted acid attack with minimum five years, extending to seven years, and fine. The provision responds to the acid attack epidemic and ensures direct compensation to survivors.

What is the difference between hurt under Section 114 and criminal force under Section 129 BNS?

Section 114 BNS (hurt) requires that the accused caused bodily pain, disease, or infirmity to the victim. Section 129 BNS (criminal force) requires only that the accused used force on the victim intentionally, without her consent, for a criminal purpose. Force may be used without causing hurt (grabbing an arm briefly, pushing lightly). Where the force causes pain or other effect, both may be charged. Where the force is minimal and causes no pain, only criminal force applies.

What are the eight clauses of Section 116 BNS on grievous hurt?

The eight clauses: (1) emasculation; (2) permanent privation of sight of either eye; (3) permanent privation of hearing of either ear; (4) privation of any member or joint; (5) destruction or permanent impairing of the powers of any member or joint; (6) permanent disfiguration of the head or face; (7) fracture or dislocation of a bone or tooth; and (8) any hurt endangering life or causing the sufferer to be in severe bodily pain or unable to follow ordinary pursuits for fifteen days. Any single clause qualifies the hurt as grievous.

Related Topics on The Legal Bridge

For a fuller picture, read these companion notes on adjacent doctrines and provisions:

  • Culpable Homicide under BNS: Section 100 that applies where hurt escalates to death.
  • Attempt to Murder under BNS: Sections 109 and 110 that apply where hurt was intended to be fatal.
  • Criminal Force and Assault under BNS: Sections 129 and 130 that address force short of hurt.
  • Acid Attacks and Compensation: the Laxmi framework and state compensation schemes for acid attack survivors.

Quick Summary

Hurt under Section 114 BNS is the causing of bodily pain, disease, or infirmity to any person. Section 115 punishes voluntarily causing hurt with up to one year imprisonment or fine or both. Grievous hurt under Section 116 BNS is defined through eight specific clauses including emasculation, permanent privation of sight or hearing, fracture, and any hurt endangering life or causing severe pain for fifteen days. Section 117 punishes voluntarily causing grievous hurt with up to seven years and fine (Part 1), with life imprisonment for permanent disability (Part 2), and with life meaning natural life for persistent vegetative state (Part 3). Sections 118 to 125 address aggravated forms: dangerous weapons (118), extortion (119), extracting confessions (120), deterring public servants (121), provocation (122), poison (123), acid attacks (124), and endangering safety (125).