BNS Section 118 Voluntarily Causing Grievous Hurt by Dangerous Weapons

The Bharatiya Nyaya Sanhita (BNS), 2023, which has replaced the Indian Penal Code (IPC) of 1860, introduces many updates and changes to the law. Among these new provisions is BNS Section 118 , which deals with Voluntarily Causing Hurt or Grievous Hurt by Dangerous Weapons or Means. Section 118 was replaced with Section 324 and Section 326 of the IPC but with some important updates and changes. In this article, we will break down Section 118 into simple and understandable points, comparing it to the older provisions of the IPC, highlighting the exceptions, explaining the key elements of the offence, and discussing recent court rulings.

BNS Section 118(1): Voluntarily Causing 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.

Section 118(1) of the BNS applies when a person voluntarily causes hurt to someone using dangerous tools or methods. “Hurt” refers to causing bodily pain, harm, or injury, but not something that endangers life or causes permanent damage.

Some examples of dangerous weapons or means under this section include:

• Shooting, stabbing, or cutting instruments, such as guns or knives.
• Any tool or object that, when used as a weapon, is likely to cause death.
• Fire, heated substances, or dangerous chemicals like poison or corrosive substances.
• Explosive devices.
• Any harmful substances that can hurt a person if inhaled, swallowed, or absorbed into the bloodstream.
• Even using an animal to hurt someone is covered under this section.

Punishment:
If found guilty of causing hurt using these dangerous means, a person may be punished with:

• Imprisonment of up to three years,
• A fine of up to ₹20,000, or
• Both imprisonment and fine.

This punishment is almost the same as Section 324 of the IPC, except that in the BNS, the fine amount is specifically mentioned.

BNS Section 118(2): Voluntarily Causing Grievous Hurt by Dangerous Weapons or Means

118. (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. 

Section 118(2) deals with situations where grievous hurt is caused. Grievous hurt refers to more serious injuries such as broken bones, loss of limbs, or permanent disfigurement.

The dangerous weapons or means under Section 118(2) are the same as those mentioned in Section 118(1). The distinction here is the gravity of the injury.

Punishment:
The punishment for voluntarily causing grievous hurt is much more severe:

• Imprisonment for life, or
• Imprisonment for a term not less than one year, but up to ten years, and
• A fine.

In comparison to Section 326 of the IPC, Section 118(2) introduces a mandatory minimum sentence of one year, which was not present in the IPC. This makes the BNS stricter and reflects a tougher stance on grievous hurt cases.

Exceptions Under Section 122 of the BNS, 2023

While Section 118 states strict provision, there are certain exceptions provided in Section 122 of the Bharatiya Nyaya Sanhita. These exceptions protect individuals who may cause hurt or grievous hurt but under legally justifiable situations.

1. Section 122(1): This applies to individuals who cause hurt but under conditions that are legally allowed, such as in cases of self-defence or to prevent greater harm. If the person who caused the hurt can prove that their actions were justified under these conditions, they may be exempt from punishment.
2. Section 122(2): Similarly, this subsection provides exceptions for cases where grievous hurt is caused. If the grievous hurt was caused in self-defence or under other legally acceptable reasons, the person may not be punished.

Key Ingredients of the Offences under BNS Section 118

To fully understand the application of Section 118, it is crucial to know the core elements, or ingredients, that must be proven to punish the accused.

For Section 118(1): Voluntarily Causing Hurt

1. Voluntary Act: The accused must have voluntarily inflicted hurt on another person.
2. Dangerous Weapon or Means: The injury must be caused by one of the dangerous weapons or means listed, such as a knife, fire, poison, etc.
3. No Legal Justification: The accused must not be able to use the exceptions provided under Section 122.

For Section 118(2): Voluntarily Causing Grievous Hurt

1. Voluntary Act: The act of grievous hurt must have been committed voluntarily.
2. Dangerous Weapon or Means: The grievous hurt must have been caused using the dangerous weapons or means listed in Section 118(1).
3. Severe Injury: The injury must fall under the legal definition of grievous hurt (e.g., broken bones, loss of sight, etc.).
4. Act not under exceptions: The accused must not fall under the exceptions provided by Section 122(2).

Comparison of Section 118 with Sections 324 and 326 of the IPC

Comparison Section 118 of the BNS with Section 324 and Section 326 of the IPC to see what has changed.

Comparison between Section 118(1) of BNS and Section 324 of IPC

Comparison between Section 118(2) of BNS and Section 326 of IPC

Weather BNS Section 118 cognizable, bailable and compoundable ?

BNS Sec.118 triable by whom?

• Cognizable: Police can arrest the accused without a warrant.
• Bailable: For Section 118(1), bail can be granted, but for Section 118(2), bail is not available as a matter of right.
• Triable by Magistrate or Sessions Court: Section 118(1) is triable by a Magistrate, while Section 118(2) is triable by a Sessions Court.

READ MORE: Section 117 Voluntarily causing grievous hurt of the BNS,Section 116 Grievous Hurt of the Bharatiya Nyaya Sanhita BNS,Section 114 Hurt of the Bharatiya Nyaya Sanhita (BNS),BNS Section 70 Gang Rape : New and Modified provision

Recent Supreme Court and High Court Judgments on voluntarily causing hurt and grievous hurt.

1.Vijay Pandey vs State of Uttar Pradesh (2021)

In this case, the Supreme Court held that the nature of the injury must be supported by medical evidence to qualify as grievous hurt. The court emphasized that determining whether an injury is grievous should be done with caution and care, as it affects the sentencing.

2.Babu Ram vs State of Rajasthan (2022)

In this case, the Rajasthan High Court noted that intent plays a crucial role in determining the severity of the offence under Section 324 IPC. Even minor injuries caused using dangerous weapons could attract severe punishment if the intent was to cause harm.

3.Mahesh Chandra vs State of Rajasthan (2020)

In this case, the Rajasthan High Court dealt with an accused who caused grievous hurt using a blunt weapon. The court highlighted that intention and knowledge are key factors in determining guilt under Section 326 IPC (now reflected in Section 118(2) of the BNS). Although the injury caused was grievous, the court acquitted the accused as it was proven that the injury was not inflicted intentionally or with full knowledge of the outcome.

4.State of Uttar Pradesh (2021)

In this case, the Supreme Court examined the difference between voluntarily causing hurt and grievous hurt. The court clarified that in instances where grievous hurt results from a sudden quarrel without premeditation, the accused may face a lesser charge under Section 118(1) rather than Section 118(2). The judgment emphasized the need to assess circumstantial evidence, such as the nature of the quarrel and the intent behind the injury.

5.State of Maharashtra vs Sachin (2022)

In this case, the court dealt with injuries inflicted during a mob lynching incident. Dangerous weapons were used, resulting in grievous injuries to the victims. The court ruled that all participants in the mob were guilty of causing grievous hurt, as they knew that the weapons they carried could cause life-threatening injuries. This case serves as an important reminder of the collective liability principle in Indian law, where multiple individuals can be held responsible for the same offence if they act together with a common intention.

Frequently Asked Questions (FAQs)

1. What is the difference between hurt and grievous hurt?

Hurt refers to simple bodily injuries that cause pain or discomfort but do not endanger life or cause permanent harm. Grievous hurt, on the other hand, includes more serious injuries, such as fractures, loss of limbs, or injuries that cause long-term suffering.

2. What are dangerous weapons or means under Section 118 of the BNS?

Dangerous weapons or means include any object or method that is likely to cause death or severe harm, such as firearms, knives, fire, poison, explosives, or the use of animals to attack someone.

3. Is there a mandatory minimum sentence under Section 118(2)?

Yes, under Section 118(2) of the BNS, there is a mandatory minimum sentence of one year for causing grievous hurt by dangerous weapons or means. The punishment can extend to life imprisonment.

4. What are the exceptions for causing hurt or grievous hurt?

Exception for causing hurt include self-defence or actions taken by law enforcement officers during the performance of their duties. These exceptions are outlined in Section 122 of the BNS.

5. Is section 118 BNS bailable or not?

For Section 118(1), which deals with voluntarily causing hurt by dangerous means, the offence is bailable. However, for Section 118(2), which deals with grievous hurt, the offence is non-bailable.

6. How does Section 118 compare to the old IPC provisions (Sections 324 and 326)?

Section 118 of the BNS updates the IPC provisions by introducing a mandatory minimum sentence in grievous hurt cases and specifying a fine amount for hurt cases. It also expands the list of dangerous means to include the use of animals, which was not explicitly mentioned in the IPC.

7.What is Section 118 of the Bharatiya Naya Sanhita?

Section 118 of the Bharatiya Nyaya Sanhita (BNS) 2023 deals with the offense of “voluntarily causing grievous hurt by dangerous weapons or means.” It replaces Section 326 of the Indian Penal Code (IPC).

8.What does voluntarily causing grievous hurt by dangerous mean?

It means intentionally causing serious injury using dangerous weapons like knives, guns, or any harmful objects that can cause life-threatening harm.

9.Which section of IPC does section 118 of BNS replace?

Section 118 (1) of the Bharatiya Nyaya Sanhita (BNS) 2023 replaces Section 324 of the Indian Penal Code (IPC), which deals with “voluntarily causing hurt by dangerous weapons or means.”

Section 118 (2) of the Bharatiya Nyaya Sanhita (BNS) 2023 replaces Section 326 of the Indian Penal Code (IPC), which deals with “voluntarily causing grievous hurt by dangerous weapons or means.