Section 114 Hurt of the Bharatiya Nyaya Sanhita (BNS), which deal with the concepts of hurt. BNS Section 114 defines “hurt” as causing bodily pain, disease, or infirmity to another person. The article compares these provisions with similar sections in the Indian Penal Code (IPC), offering insights into the ingredients of the offence and the corresponding punishments. Illustrations are provided to clarify how the provisions apply in real-life scenarios.
Section 114 Hurt : Provision definition
Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt
Section 114 Hurt : Provision Explanation
Hurt is defined as causing bodily pain, disease, or infirmity (weakness or illness) to another person. Essentially, if someone’s actions cause physical suffering or health issues to another, it is considered “hurt.”
Ingredients:
- Bodily pain : Physical discomfort or pain.
- Disease : Any condition that causes ill health.
- Infirmity : Physical or mental weakness.
Comparison Section 114 Hurt with IPC Section 319:
IPC Section 319 also defines “hurt” in a similar manner, focusing on bodily pain, disease, or infirmity. There is no significant difference between Section 114 of the BNS and Section 319 of the IPC.
Illustrations for Section 114 Hurt
These examples where “hurt” is caused, whether through bodily pain, disease, or infirmity:
1. Bodily Pain Example:
- Scenario: A and B are playing cricket in the park. A becomes upset with B’s behavior and, out of anger, hits B on the leg with the cricket bat, causing intense pain and swelling.
- Explanation: Here, A’s action directly causes bodily pain to B. A has caused “hurt” under Section 114 of the BNS.
2. Disease Example:
- Scenario: C, knowing they have a contagious viral infection, deliberately coughs in D’s face during an argument, fully aware that it could spread the disease. A few days later, D falls ill with the same infection.
- Explanation: In this case, C’s actions knowingly cause disease to D. By transmitting the virus intentionally, C has caused “hurt” under Section 114.
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3. Infirmity Example:
- Scenario: E, a manager, forces F, a junior employee, to work long hours without proper rest or breaks. Over time, this treatment leads to extreme physical exhaustion, and F develops chronic fatigue, resulting in a weakened ability to perform daily tasks.
- Explanation: E’s actions cause F’s physical infirmity (weakness), making this a case of “hurt” under Section 114.
4. Minor Injury with Intent Example:
- Scenario: During a heated argument, J pushes K down the stairs, causing K to suffer minor bruises and muscle pain, though no serious injuries.
- Explanation: J’s act of pushing K causes physical pain, even if minor. This act qualifies as “hurt” under Section 114 of the BNS.
Summary
“Hurt” can occur in various forms, including causing physical pain, transmitting a disease, or inducing physical or mental weakness. Section 114 of the BNS aligning closely with Section 319 of the IPC. Illustrations for Section 114 will help to understand this law in a more practical manner.
Disclaimer:
The content of this article is intended for educational and informational purposes only and should not be construed as legal advice. While every effort has been made to ensure the accuracy of the information provided, the laws and their interpretations may change over time. Readers are advised to consult with a qualified legal professional for specific legal advice or assistance.