| Particular | Details |
|---|---|
| Section | BNS Section 117 of the Bharatiya Nyaya Sanhita, 2023 |
| Offence | Voluntarily Causing Grievous Hurt |
| Replaces Old IPC | IPC Section 325 |
| Punishment | Up to 7 years imprisonment and fine |
| Cognizable | Yes |
| Bailable | Yes |
| Compoundable | Yes (with court permission) |
| Triable By | Magistrate First Class |
Introduction
BNS Section 117 deals with the offence of voluntarily causing grievous hurt under the Bharatiya Nyaya Sanhita, 2023. The provision applies when a person intentionally causes grievous hurt or acts with the knowledge that grievous hurt is likely to be caused.
The section corresponds to the former IPC Section 325 and continues the legal framework relating to grievous hurt under Indian criminal law. Since grievous hurt involves serious bodily injury, the punishment is significantly more severe than that prescribed for simple hurt.
In this article, you will learn what BNS Section 117 covers, its punishment, bail provisions, court jurisdiction, legal procedure, and how it compares with the old IPC Section 325.
What is BNS Section 117?
BNS Section 117 defines voluntarily causing grievous hurt as causing grievous hurt with the intention of causing such grievous hurt or with the knowledge that grievous hurt is likely to result.
The offence is committed only when both the mental element (intention or knowledge) and the actual result (grievous hurt) are present.
The law also covers situations where a person intends to cause one type of grievous hurt but ends up causing another type of grievous hurt.
Bare Act Text
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 or knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently disfigure Z's face, but causes Z to suffer severe bodily pain for fifteen days. A has voluntarily caused grievous hurt.
Punishment
Whoever 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.
Enhanced Punishment
If the offence causes permanent disability or a persistent vegetative state, the punishment shall not be less than ten years and may extend to imprisonment for life.
Group-Based Grievous Hurt
Where a group of five or more persons acting together causes grievous hurt on grounds such as race, caste, community, sex, place of birth, language, personal belief, or similar grounds, each member of the group may be punished with imprisonment up to seven years and fine.
In Simple Words
BNS Section 117 punishes a person who intentionally causes a serious bodily injury or knows that such serious injury is likely to occur. Examples may include causing fractures, permanent disfigurement, permanent disability, or other serious injuries recognised as grievous hurt under criminal law.
Essential Ingredients of BNS Section 117
For an offence under BNS Section 117 to be established, the prosecution generally has to prove:
- The accused committed an act causing hurt.
- The accused intended to cause grievous hurt or knew it was likely.
- Grievous hurt was actually caused.
- There was a direct connection between the act and the injury.
- The injury falls within the legal category of grievous hurt.
Punishment Under BNS Section 117
A person convicted under BNS Section 117 may be punished with:
- Imprisonment up to 7 years; and
- Fine.
Cases Involving Permanent Disability
If the victim suffers:
- Permanent disability; or
- Persistent vegetative state,
the punishment shall be:
- Rigorous imprisonment of not less than 10 years; and
- May extend to imprisonment for life.
Group Violence Cases
Where grievous hurt is caused by a group of five or more persons acting together on discriminatory grounds mentioned in the section, each member may be punished with imprisonment up to 7 years and fine.
Classification of the Offence
| Criteria | Status |
|---|---|
| Cognizable | Yes |
| Bailable | Yes |
| Compoundable | Yes (with court permission) |
| Triable By | Magistrate First Class |
Meaning of the Classification
Since the offence is cognizable, the police may register an FIR and investigate the matter according to law.
The offence is bailable, meaning the accused may seek release on bail in accordance with legal provisions.
The offence is compoundable with the permission of the court in appropriate cases.
Cases under BNS Section 117 are triable by a Magistrate First Class.
Bail Under BNS Section 117
BNS Section 117 is a bailable offence.
An accused person may apply for bail and is generally entitled to release on bail subject to compliance with legal requirements and court directions.
The grant of bail does not affect the merits of the prosecution case, which are determined during trial.
Which Court Has Jurisdiction?
Offences under BNS Section 117 are triable by a Magistrate First Class.
After completion of investigation and filing of the necessary documents, the matter proceeds before the competent Magistrate for trial.
Step-by-Step Legal Process
- Registration of FIR.
- Police investigation.
- Medical examination of the injured person.
- Collection of documentary evidence.
- Recording of witness statements.
- Filing of charge sheet.
- Framing of charges.
- Trial before the Magistrate.
- Examination of witnesses.
- Defence evidence.
- Final arguments.
- Judgment.
- Sentencing upon conviction.
- Appeal before the higher court.
IPC Section 325 vs BNS Section 117
| Aspect | IPC Section 325 | BNS Section 117 |
|---|---|---|
| Law | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Offence | Voluntarily Causing Grievous Hurt | Voluntarily Causing Grievous Hurt |
| Punishment | Up to 7 years and fine | Up to 7 years and fine |
| Nature | Grievous Hurt | Grievous Hurt |
BNS Section 117 substantially continues the provisions previously contained in IPC Section 325 while introducing additional provisions relating to permanent disability, persistent vegetative state, and certain group-based offences.
Important Case Laws
State of Karnataka v. Shivalingaiah
The Court observed that the nature of injury and the intention or knowledge of the accused are important factors in determining liability for grievous hurt.
Ramkaran v. State of Uttar Pradesh
The Court emphasized that medical evidence plays a significant role in establishing whether an injury amounts to grievous hurt.
Defences Available to the Accused
Depending upon the facts of the case, the accused may raise the following defences:
- Absence of intention or knowledge.
- Self-defence.
- Accident without criminal intent.
- False implication.
- Lack of medical evidence.
- Injury not amounting to grievous hurt.
The success of any defence depends upon the evidence produced before the court.
Real-Life Illustration
Suppose A intentionally strikes B with a heavy object, causing a fracture of the arm. Since the injury is serious and amounts to grievous hurt, A may be prosecuted under BNS Section 117.
Similarly, intentionally causing permanent disfigurement, permanent disability, or other serious bodily injuries may attract liability under this section..
Conclusion
BNS Section 117 is an important provision dealing with voluntarily causing grievous hurt under the Bharatiya Nyaya Sanhita, 2023. It punishes individuals who intentionally cause serious bodily injuries or act with the knowledge that such injuries are likely to occur. The offence is cognizable, bailable, and compoundable with court permission. Understanding BNS Section 117 helps individuals understand the legal consequences, punishment, bail provisions, available defences, and procedural aspects relating to grievous hurt under Indian law.