| Particulars | Details |
|---|---|
| Section | BNS Section 118 |
| Offence | Voluntarily Causing Hurt or Grievous Hurt by Dangerous Weapons or Means |
| Old IPC Sections | IPC 324 & IPC 326 |
| Punishment for Hurt | Up to 3 Years' Imprisonment, Fine up to ₹20,000, or Both |
| Punishment for Grievous Hurt | Life Imprisonment or 1 to 10 Years' Imprisonment + Fine |
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Magistrate First Class / Court of Session |
Introduction
BNS Section 118 deals with situations where a person voluntarily causes hurt or grievous hurt using dangerous weapons, hazardous substances, or other dangerous means. The provision recognises that injuries caused through weapons or dangerous instruments are more serious than ordinary hurt and therefore require stricter punishment.
The section covers injuries caused by weapons such as knives, swords, firearms, and other instruments capable of causing death. It also extends to harm caused through poison, explosives, corrosive substances, fire, dangerous chemicals, and even animals used as a means of attack.
BNS Section 118 substantially corresponds to the provisions previously contained in IPC Sections 324 and 326 while prescribing punishments based on the seriousness of the injury caused.
What is BNS Section 118?
BNS Section 118 criminalises voluntarily causing hurt or grievous hurt through dangerous weapons or dangerous means.
The law applies where the accused intentionally causes bodily injury using weapons for shooting, stabbing, or cutting, or uses dangerous substances such as poison, corrosive materials, explosives, fire, heated substances, or other harmful agents.
Where the injury amounts only to hurt, sub-section (1) applies. Where the injury amounts to grievous hurt, the more severe punishment under sub-section (2) applies.
Bare Act Text of BNS Section 118
Whoever 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.
Whoever 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.
In Simple Words
If a person intentionally causes injury to another person using a knife, firearm, acid, poison, explosive substance, dangerous chemical, fire, or any other dangerous means, the offence may fall under BNS Section 118.
The punishment becomes much more severe if the injury caused amounts to grievous hurt.
Essential Ingredients of BNS Section 118
To establish an offence under BNS Section 118, the prosecution generally needs to prove the following:
1. Voluntary Act of the Accused
The accused must have intentionally committed the act causing injury.
2. Hurt or Grievous Hurt Must Be Caused
The victim must suffer either hurt or grievous hurt as recognised by law.
3. Use of Dangerous Weapons or Means
The injury must be caused through a dangerous weapon, dangerous instrument, hazardous substance, or dangerous means specified in the section.
4. Direct Connection Between Act and Injury
The prosecution must establish that the injury resulted from the accused's conduct.
5. Knowledge or Intention
The act must have been committed voluntarily with the required criminal intent or knowledge.
Punishment Under BNS Section 118
The punishment depends upon whether the injury amounts to hurt or grievous hurt.
| Nature of Offence | Punishment |
|---|---|
| Voluntarily Causing Hurt by Dangerous Weapons or Means | Up to 3 Years' Imprisonment, Fine up to ₹20,000, or Both |
| Voluntarily Causing Grievous Hurt by Dangerous Weapons or Means | Life Imprisonment or 1 to 10 Years' Imprisonment + Fine |
The law imposes significantly higher punishment where the injury caused is grievous in nature.
Classification of Offence Under BNS Section 118
| Criteria | Classification |
|---|---|
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Magistrate First Class / Court of Session |
What Does the Classification Mean?
Since the offence is cognizable, the police may register an FIR and commence investigation without obtaining prior permission from a Magistrate.
The offence is non-bailable, meaning bail is not available as a matter of right and must be granted by the court after considering the circumstances of the case.
The offence is non-compoundable and therefore cannot be privately settled between the parties.
Cases involving simple hurt may be tried by a Magistrate First Class, while cases involving grievous hurt and severe punishment may proceed before the Court of Session.
Bail Under BNS Section 118
BNS Section 118 is generally classified as a non-bailable offence because it involves the use of dangerous weapons or dangerous means resulting in bodily injury.
While deciding a bail application, courts may consider the nature of the weapon used, the seriousness of the injuries, medical evidence, the circumstances of the incident, the criminal history of the accused, and the possibility of influencing witnesses.
Where grievous injuries are caused through deadly weapons or dangerous substances, courts may apply stricter standards while considering bail. However, each application is decided on the basis of the facts and evidence available in the particular case.
Which Court Has Jurisdiction Under BNS Section 118?
Offences under BNS Section 118 may be tried by a Magistrate First Class or by the Court of Session depending upon the nature and seriousness of the allegations.
After completion of investigation, the police submit the charge sheet before the competent court. The court then examines the evidence, hears the parties, and determines whether the offence under BNS Section 118 has been established.
Step-by-Step Legal Process Under BNS Section 118
- Occurrence of the incident involving dangerous weapons or means.
- Registration of FIR by the police.
- Medical examination of the injured person.
- Collection of medical reports and injury certificates.
- Seizure of the weapon or dangerous substance used.
- Recording of witness statements.
- Arrest of the accused, where necessary.
- Collection of forensic and documentary evidence.
- Filing of charge sheet before the competent court.
- Framing of charges.
- Examination and cross-examination of witnesses.
- Production of medical and expert evidence.
- Final arguments by the prosecution and defence.
- Pronouncement of judgment.
- Sentencing upon conviction.
- Appeal before the appropriate higher court.
Old Law vs New Law (IPC → BNS Mapping)
| IPC Provision | BNS Provision |
|---|---|
| IPC Section 324 | BNS Section 118(1) |
| IPC Section 326 | BNS Section 118(2) |
BNS Section 118 substantially replaces IPC Sections 324 and 326. While the core principles remain similar, the BNS consolidates the provisions under a single section dealing with hurt and grievous hurt caused through dangerous weapons or dangerous means.
Important Case Laws Related to BNS Section 118
Mathai v. State of Kerala
The Supreme Court discussed the distinction between simple hurt and grievous hurt and emphasised the importance of medical evidence in determining the nature of injuries.
State of Karnataka v. Shivalingaiah
The Court observed that the nature of the weapon used and the seriousness of the injury are important considerations while determining criminal liability.
Although these cases were decided under the IPC, the principles remain relevant because BNS Section 118 substantially corresponds to IPC Sections 324 and 326.
Defences Available Under BNS Section 118
Depending on the facts of the case, an accused person may raise several legal defences.
Common defences include:
- Right of private defence.
- False implication.
- Mistaken identity.
- Lack of intention or knowledge.
- Accidental injury.
- Absence of medical evidence supporting the allegations.
- Failure to prove use of a dangerous weapon.
- Contradictions in witness testimony.
The success of these defences depends upon the facts and evidence presented before the court.
Real-Life Example of BNS Section 118
Suppose A attacks B with a knife during a dispute and causes a deep injury requiring surgery. Since the injury was caused using a dangerous weapon, A may be prosecuted under BNS Section 118.
If the injury results in permanent disability, fracture, loss of a body part, or any injury classified as grievous hurt, the punishment under sub-section (2) may apply.
Similarly, throwing acid, administering poison, using explosives, or attacking someone with a dangerous animal may also attract liability under this section.
Conclusion
BNS Section 118 provides stringent punishment for voluntarily causing hurt or grievous hurt through dangerous weapons or dangerous means. The law recognises that injuries inflicted through deadly weapons, corrosive substances, poison, fire, explosives, and similar means pose a greater threat to human life and safety.
By prescribing punishment ranging from imprisonment up to three years for hurt and up to life imprisonment for grievous hurt, the provision seeks to deter violent conduct and ensure accountability for serious bodily injuries.