Section 117 Voluntarily causing grievous hurt of the BNS 2023 introduces a comprehensive legal provision for the offence of voluntarily causing grievous hurt. This section not only focuses on the intention or knowledge behind inflicting serious injuries but also covers various aggravating circumstances, including injuries resulting in permanent disability, vegetative state, or harm inflicted by a group on discriminatory grounds. In this article, we will consider Section 117 of the Bharatiya Nyaya Sanhita 2023 in detail, what has changed under new act of the Bharatiya Nyaya Sanhita 2023 in compared to Sections 322 and 325 of IPC and We’ll also explore the new provisions introduced under Section 117 BNS concerning voluntarily causing grievous hurt, and examine punishment under the same.
Section 117 (1) Voluntarily causing grievous hurt
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.
Explanation: Section 117 (1) Voluntarily Causing Grievous Hurt
Voluntarily causing grievous hurt means that a person intentionally causes a grievous injury that fits the definition of grievous hurt under Section 116. The intention to cause harm or the knowledge that the actions are likely to cause grievous hurt are important factors in this provision.
Key points/ Ingredients of Voluntarily Causing Grievous Hurt
1. Intention or knowledge: The person must either intend to cause grievous hurt or know that their actions are likely to cause it.
2. Actual grievous hurt: The hurt caused must fall under the list of grievous hurts as mentioned in Section 116.
3. Variation of harm: If a person intends to cause one type of grievous hurt but ends up causing another type, they are still responsible under this provision.
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.
Explanation First Part: what it says?
A person is only considered to have voluntarily causing grievous hurt if two conditions are met:
- 1. The person actually causes grievous hurt.
- 2. The person either intends to cause grievous hurt or knows that their actions are likely to cause grievous hurt.
In other words, the person must have both caused grievous hurt and had the intention or knowledge that their actions would likely result in grievous hurt.
Explanation: Second Part
Even if the type of grievous hurt caused is different from what was intended or foreseen, it is still considered as voluntarily causing grievous hurt.
For instance:
If a person intended to cause permanent disfigurement to someone’s face but instead caused a fracture or made the person suffer severe pain for 15 days, the law still considers this as voluntarily causing grievous hurt.
This rule ensures that a person cannot escape liability simply because the injury turned out to be different from what was intended.
Section 117(2) – Punishment for Voluntarily causing grievous hurt section
(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.
The person who causes such grievous hurt can be punished with imprisonment of up to 7 years, and they may also have to pay a fine.
Exception: Section 117(2)
The exception refers to Section 122(2) of the Bharatiya Nyaya Sanhita. This section is not applicable if the grievous hurt was caused in situations stated under Section 122(2). Section 122(2) deals with cases involving the right of private defence. So, if the grievous hurt was caused while a person was lawfully defending themselves or others, the punishment under this section might not apply.
This section aims to punish people who cause serious harm, except when it’s done in self-defence or similar situations.
Section 117(3) – Voluntarily causing grievous hurt with permanent disability or vegetative state
(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.
This provision deals with cases where a person commits grievous hurt, and as a result, the victim either:
- 1. Suffers a permanent disability, meaning they lose the ability to use a part of their body for life, or
- 2. Enters a persistent vegetative state, meaning the person loses all cognitive functions and remains in a semi-conscious state indefinitely.
- 3. Punishment
The offender will face rigorous imprisonment for at least 10 years, and the term can be extended to life imprisonment, where “life imprisonment” means imprisonment for the remainder of the offender’s natural life.
Section 117(4) – Voluntarily causing grievous hurt by a mob of five or more persons
(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.
This provision addresses cases where a group of five or more people act together to cause grievous hurt to someone because of:
- 1. Their race, caste, community, gender, place of birth, language, personal beliefs, or any similar discriminatory reason.
- 2. Punishment:
Each person involved in this group will be considered guilty of causing grievous hurt, and they can be punished with imprisonment of up to 7 years. Additionally, they may also have to pay a fine.
What is Punishment for Voluntarily Causing Grievous Hurt?
Section 117 (2) A person found guilty can face imprisonment of up to seven years, along with a fine.
Section 117 (3) Permanent disability or vegetative state: If the person’s actions result in permanent disability or a persistent vegetative state, the punishment is more severe. The person may be imprisoned for a minimum of ten years, which could extend to life imprisonment (for the remainder of their natural life).
Section 117 (4 ) Group/ mob offences: If five or more people act together to cause grievous hurt based on factors like race, caste, religion, or language, each person in the group can face up to seven years of imprisonment and fines.
Whether Section 117 Bailable or Non-Bailable?
Voluntarily causing grievous hurt under Section 117 is a non-bailable offence.
Whether Section 117 Cognizable or Non-Cognizable?
It is a cognizable offence, meaning police can arrest without a warrant and begin an investigation without prior court permission.
Examples of voluntarily causing grievous hurt under Section 117 BNS
Section 117(1) – Voluntarily causing grievous hurt:
Example:
A and B get into a heated argument. A gets so angry that he picks up a brick and hits B on the head, causing B to suffer a fractured skull. A knew that his action would seriously injure B, but he still did it.
Explanation: A has voluntarily caused grievous hurt to B, and can be punished with up to 7 years in prison and a fine.
Section 117(3) – Causing permanent disability or vegetative state:
Example 1:
A mob attacks X during a political rally, and X is hit repeatedly with iron rods. As a result, X suffers a serious spinal cord injury and becomes paralyzed for life.
Explanation: The attackers have caused a permanent disability to X, and they may be punished with imprisonment of at least 10 years, which can extend to life imprisonment.
Example 2:
A and his friends get into a violent fight with B. A hits B on the head with a heavy object, leaving B in a coma. B is in a vegetative state, unable to respond or recover.
Explanation: A has caused grievous hurt that led B to a vegetative state, and A may face a minimum of 10 years in prison, possibly extending to life imprisonment.
READ MORE: Section 116 Grievous Hurt of the Bharatiya Nyaya Sanhita BNS,Section 114 Hurt of the Bharatiya Nyaya Sanhita (BNS), BNS Sec. 85 and 86 : New Sections of Cruelty
Section 117(4) – Grievous hurt caused by a group of five or more people on discriminatory grounds:
Example 1:
A group of five people attacks Z because of his caste. They beat him severely, causing multiple fractures. Each member of the group was aware they were attacking Z because of his caste.
Explanation: Since the attack was based on caste discrimination, each of the five attackers can be punished with up to 7 years in prison and a fine.
Example 2:
During a communal riot, a group of five men attacks a woman solely because she belongs to a different community. They severely injure her, breaking her leg.
Explanation: All five men are guilty of causing grievous hurt based on her community, and each may be sentenced to up to 7 years in prison along with a fine.
Comparison of Section 117 of BNS and Sections 322 and 325 of IPC
1.Special provision for Offence by Mob BNS 117(4):
BNS Section 117(4) adds a special sub section on mob violence involving five or more people on discriminatory grounds (like caste, race, and community). This is absent in the IPC.
In the IPC, there is no similar provision directly addressing such group-based violence specifically related to grievous hurt.
2.Gravity of Injury BNS 117(3):
BNS Section 117(3) covers grievous hurt that leads to permanent disability or puts the victim in a vegetative state. It prescribes stricter punishment, including life imprisonment, which is not explicitly mentioned in the IPC for such grievous hurt.
In the IPC, there is no separate provision to address these specific severe outcomes of grievous hurt.
3.Punishment BNS 117 vs IPC 322, 325:
For basic grievous hurt, both BNS Section 117(2) and IPC Section 325 provide the same punishment of imprisonment up to 7 years and fine.
However, in more severe cases like permanent disability or vegetative state, BNS Section 117(3) prescribes a minimum of 10 years imprisonment, which can go up to life imprisonment, making it a stricter provision than the IPC.
4.Right of Private Defense BNS Section 117(2) and IPC:
BNS Section 117(2) specifically refers to an exception where grievous hurt caused in private defence (as outlined in Section 122(2) of the BNS) is not punishable under this section.
The IPC also recognizes the right of private defence under Section 96 to 106 IPC, which can apply to cases involving grievous hurt, but this is not mentioned directly in Section 322 or 325 IPC.
FAQs on Voluntarily causing grievous hurt Section 117 BNS
1. What is the punishment for causing grievous hurt under Section 117(1)?
The punishment for voluntarily causing grievous hurt under Section 117(1) can be imprisonment for a term that may extend to 7 years, and the person can also be fined.
2. Is there any exception to punishment under Section 117(2)?
Yes, an exception exists under Section 117(2). If grievous hurt is caused during the exercise of the right of private defence (i.e., while defending yourself or someone else), the person responsible may not face punishment. This is explained in Section 122(2) of the BNS.
3. What is meant by discriminatory grounds in Section 117(4)?
Discriminatory grounds refer to causing grievous hurt to someone based on their caste, race, religion, community, gender, place of birth, language, or personal beliefs. If a group of people hurts someone because of these reasons, they are all guilty of the crime under Section 117(4).
4. What is rigorous imprisonment ?
“Rigorous imprisonment” means that the convicted person will not only serve time in jail but will also be required to engage in hard labor while serving their sentence.
5. What is Voluntarily Causing Grievous Hurt?
If someone intentionally or knowingly causes grievous injuries defined under section 116 of BNS, they are guilty of this offence of Voluntarily Causing Grievous Hurt section 117 BNS
6. What is Section 117 of the BNS?
Section 117 of the BNS provides the punishment for voluntarily causing grievous hurt, which may include imprisonment or fines.
7. What is the difference between hurt and grievous hurt?
Hurt involves causing bodily pain or minor injury, while grievous hurt involves serious, long-term damage such as fractures, permanent loss of senses, or life-threatening injuries.
8. How does Section 117 differ from Section 116?
Section 116 defines grievous hurt, while Section 117 deals with intentionally or knowingly causing such grievous hurt.
9. What is the punishment if grievous hurt results in permanent disability?
A minimum of 10 years of imprisonment, which can extend to life imprisonment.
10. What injuries are considered grievous under Section 116?
Injuries such as permanent loss of sight or hearing, fractures, disfiguration, or severe pain lasting over 15 days.
11. What is the punishment for group offences under Section 117(4)?
If five or more people commit grievous hurt based on race, caste, or other similar grounds, each person can be imprisoned for up to seven years.
12. Is voluntarily causing grievous hurt a bailable offence?
No, it is non-bailable.
13. What is the punishment for grievous hurt under section 117 (1)?
Imprisonment of up to seven years and a fine.
14. What is the section of Voluntarily Causing grievous hurt in BNS?
Voluntarily Causing Grievous hurt is defined under Section 117 of the Bharatiya Nyaya Sanhita (BNS) 2023.
Disclaimer:
The content provided in this article is for informational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy of the information, laws and legal interpretations may vary. Readers are advised to consult with a qualified legal professional for specific guidance on legal matters. The author and legallyin.com disclaim any liability arising from the use of this information.