Section 116 Grievous Hurt of the Bharatiya Nyaya Sanhita (BNS) 2023 is included in Chapter VI, which deals with Offences Affecting the Human Body under the Act. What is Grievous Hurt?, Grievous Hurt Definition is under the Bharatiya Nyaya Sanhita (BNS) 2023, refers to severe bodily injuries that cause permanent damage, disfigurement, or life-threatening harm. This provision replaces Section 320 of the Indian Penal Code (IPC), where grievous hurt was previously defined. In this article, we will explore Grievous Hurt Definition and Section 116 of the BNS in detail, discussing its legal implications and how it differs from the previous law under the IPC.
Definition of Grievous Hurt
Section 116 Grievous Hurt.
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.
Explanation: Section 116 Grievous Hurt
Grievous Hurt is certain serious injuries that cause long-term or permanent harm to the body. These injuries are more than just a minor wounds and include severe damage such as:
- Emasculation (loss of reproductive ability)
- Permanent loss of sight or hearing
- Loss of a limb or joint
- Permanent disfigurement of the head or face
- Fractures or dislocations
- Life-endangering injuries or those causing severe pain for at least 15 days
Only the injuries listed in Section 116 are considered grievous. The seriousness of these injuries makes them punishable by stricter legal provisions.
Key Points or Ingredients of Section 116 Grievous Hurt
- Emasculation: Loss of reproductive ability (in males).
- Permanent loss of sight in one or both eyes.
- Permanent loss of hearing in one or both ears.
- Loss of any member or joint (such as arms, legs, fingers).
- Permanent impairment of the power of any member or joint.
- Permanent disfiguration of the head or face.
- Fracture or dislocation of a bone or tooth.
- Life-threatening injury or severe pain lasting 15 days or preventing daily tasks for 15 days.
These injuries are classified as grievous hurt under Section 116 of the BNS.
Punishment for Grievous Hurt BNS
The punishment for voluntarily causing grievous hurt is detailed under Section 117 of the BNS, which may include:
- Imprisonment of up to seven years
- Fine, depending on the gravity of the offence
Examples of Section 116 Grievous Hurt
- Eye Injury
- Scenario: A person loses vision in one eye after an attack.
- Explanation: This constitutes grievous hurt under Section 116(b) (permanent privation of sight).
- Fractured Arm
- Scenario: During an altercation, someone’s arm is broken.
- Explanation: This is grievous hurt under Section 116(g) (fracture of a bone).
- Disfigured Face
- Scenario: A person is attacked with acid, causing permanent facial scars.
- Explanation: This is grievous hurt under Section 116(f) (permanent disfiguration).
- Joint Dislocation
- Scenario: A person’s shoulder is dislocated in a fight.
- Explanation: This qualifies as grievous hurt under Section 116(g) (dislocation of a joint).
- Life-Endangering Injury
- Scenario: A person is stabbed, causing severe internal injuries.
- Explanation: This is grievous hurt under Section 116(h) (life-threatening injury).
Comparison: Section 116 BNS vs Section 320 IPC
Section 116 of the BNS is almost identical to Section 320 of the IPC, with both defining grievous hurt in similar terms.
READ MORE: Section 115 Voluntarily causing hurt of the Bharatiya Nyaya Sanhita(BNS), Section 114 Hurt of the Bharatiya Nyaya Sanhita (BNS)
FAQ on Section 116 Grievous Hurt BNS 2023
1. What is the section for grievous hurt in BNS?
Grievous hurt is defined under Section 116 of the Bharatiya Nyaya Sanhita (BNS) 2023.
2. What is grievous hurt in BNS?
Grievous hurt under Section 116 of the BNS includes serious injuries such as emasculation, loss of sight or hearing, loss of a body part, fractures, disfigurement, or any hurt that endangers life or causes severe pain for 15 days.
3. What is the punishment for grievous hurt in BNS?
The punishment for voluntarily causing grievous hurt is detailed under Section 117 of the BNS, which may include imprisonment of up to seven years and a fine, depending on the gravity of the offence.
4. What is the difference between grievous injury and grievous hurt?
Both terms refer to serious bodily harm, but “grievous hurt” is a legally defined category under Section 116 of the BNS, covering specific types of injuries.
5. What is Section 116 of the BNS?
Section 116 of the BNS specifies what kinds of injuries are categorized as grievous, such as emasculation, permanent loss of senses, fractures, or injuries causing life endangerment or severe pain for 15 days.
6. What is robbery with grievous hurt?
Robbery with grievous hurt involves committing robbery while inflicting injuries that fall under the category of grievous hurt as per Section 116 of the BNS.
7. Is a permanent scar a grievous hurt?
Yes, a permanent scar or permanent disfiguration of the head or face is considered grievous hurt under Section 116(f) of the BNS.
8. Is a head injury a grievous hurt?
A head injury could qualify as grievous hurt if it causes permanent disfigurement or endangers life as per Section 116 of the BNS.
9. Is a human bite a grievous injury?
A human bite could be classified as grievous hurt if it leads to permanent disfiguration or other serious consequences listed in Section 116 of the BNS.
10. Is a fracture a grievous injury?
Yes, a fracture is explicitly mentioned as grievous hurt under Section 116(g) of the BNS.
11. Is shoulder dislocation a grievous hurt?
Yes, dislocation of a joint is considered grievous hurt under Section 116(g) of the BNS.
12. What is an example of grievous hurt?
Examples include permanent loss of sight in one eye, permanent disfiguration of the face, and dislocation of a joint as per Section 116 of the BNS.
13. How many types of grievous hurt are there?
There are eight types of grievous hurt listed under Section 116 of the BNS.
14. How to prove grievous hurt?
Grievous hurt is proven by medical evidence such as doctor’s reports, along with witness testimony or other relevant evidence, verifying that the injury meets the criteria under Section 116 of the BNS.
15. Is grievous hurt bailable?
Grievous hurt is generally a cognizable and non-bailable offence, depending on the specific circumstances and seriousness of the injury.
16. Which kind of hurt is not grievous?
Any injury that does not fall under the categories listed in Section 116 (such as minor bruises, scratches, or superficial wounds) is not considered grievous hurt.
17. What is the new law for grievous hurt?
The new law for grievous hurt under Section 116 of the Bharatiya Nyaya Sanhita (BNS) 2023 defines grievous hurt to include serious injuries such as emasculation, permanent loss of sight, fractures, and life-threatening injuries.
Disclaimer:
This article is for educational and informational purposes only. Laws may change over time, so always consult a qualified legal professional for specific advice or assistance.
