Hurt and grievous hurt are the foundational offences against the human body short of homicide. The BNS defines them, then builds a ladder of offences depending on how the hurt is caused (by dangerous weapons, by acid, by poison), why (to extort, to deter a public servant), and in what circumstances (on provocation, by a group on caste/community grounds).
BNS S.114 = IPC S.319 (hurt). BNS S.115 = IPC S.321/S.323 (voluntarily causing hurt + punishment). BNS S.116 = IPC S.320 (grievous hurt). BNS S.117 = IPC S.322/S.325 (voluntarily causing grievous hurt + punishment). BNS S.118 = IPC S.324/S.326 (dangerous weapons). BNS S.124 = IPC S.326A/326B (acid). BNS S.125 = IPC S.336/337/338 (endangering life/safety). Confidence: high.
Definitions
Hurt (S.114)
"Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt."
Three elements, any one suffices:
- Bodily pain: physical suffering, however slight
- Disease: pathological condition caused by the act
- Infirmity: temporary or permanent impairment of function
Grievous Hurt (S.116)
Eight specified injuries only are designated as "grievous":
| Clause | Injury |
|---|---|
| (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 in severe bodily pain or unable to follow ordinary pursuits for 15 days |
The list is exhaustive. An injury not falling within any of the eight clauses, however painful, is simple hurt and not grievous hurt.
Voluntarily Causing Hurt and Grievous Hurt
| Section | Offence | Punishment |
|---|---|---|
| S.115(2) | Voluntarily causing hurt | Up to 1 year, or fine up to Rs. 10,000, or both |
| S.117(2) | Voluntarily causing grievous hurt | Up to 7 years + fine |
| S.117(3) | Causing permanent disability or persistent vegetative state | 10 years to life |
| S.117(4) | Grievous hurt by a group of five or more on grounds of race, caste, community, sex, etc. | Up to 7 years + fine |
Aggravated Forms
| Section | Aggravating Factor | Punishment |
|---|---|---|
| S.118(1) | Hurt by dangerous weapons or means (shooting, stabbing, fire, poison, explosive, corrosive, noxious gas, animal) | Up to 3 years, or fine up to Rs. 20,000, or both |
| S.118(2) | Grievous hurt by dangerous weapons or means | Life, or 1 to 10 years + fine |
| S.119 | Hurt or grievous hurt to extort property or constrain to illegal act | Hurt: up to 10 years + fine; GH: life or up to 10 years + fine |
| S.120 | Hurt or grievous hurt to extort confession or compel restoration of property | Hurt: up to 7 years + fine; GH: up to 10 years + fine |
| S.121 | Hurt or grievous hurt to deter a public servant from duty | Hurt: up to 5 years or fine or both; GH: 1 to 10 years + fine |
| S.122 | Hurt or grievous hurt on grave and sudden provocation | Hurt: up to 1 month or fine up to Rs. 5,000; GH: up to 5 years or fine up to Rs. 10,000 |
| S.123 | Causing hurt by poison etc. with intent to commit an offence | Up to 10 years + fine |
| S.124 | Grievous hurt by use of acid (new emphasis in BNS) | (1) 10 years to life + fine; (2) attempt: 5 to 7 years + fine |
| S.125 | Act endangering life or personal safety (rash/negligent) | Up to 3 months or Rs. 2,500 fine; if hurt: 6 months; if GH: 3 years or Rs. 10,000 |
Acid Attack (S.124): Special Treatment
The BNS gives acid attacks prominent treatment:
| Sub-section | Content | Punishment |
|---|---|---|
| (1) | Causing permanent or partial damage, burns, maiming, disfigurement, disability, or persistent vegetative state by throwing acid or administering acid or using any other means | 10 years to life + fine (to meet medical expenses, paid to victim) |
| (2) | Throwing or attempting to throw acid, or attempting to administer acid | 5 to 7 years + fine |
"Acid" defined: Includes any substance with acidic or corrosive character or burning nature capable of causing bodily injury leading to scars, disfigurement, temporary or permanent disability.
Note: S.124 does not require permanence to be irreversible (Explanation 2).
The "Voluntarily" Requirement (Restated)
Under S.2(33), "voluntarily" means causing the effect by means intended to cause it, or by means the actor knew or had reason to believe likely to cause it.
For voluntarily causing hurt (S.115(1)): the act must be done with the intention of causing hurt, or with the knowledge that hurt is likely.
For voluntarily causing grievous hurt (S.117(1)): the actor must both cause grievous hurt and intend or know himself to be likely to cause grievous hurt. If he intended simple hurt and accidentally caused grievous hurt, S.117 is not satisfied.
Facts: The accused struck the victim intending to cause simple hurt. The blow fractured a bone.
Issue: Whether the accused voluntarily caused grievous hurt.
Held: If the accused intended only simple hurt but the result was grievous, the conviction must be for voluntarily causing simple hurt, not grievous hurt. The intention must match the category of hurt actually caused.
Relevance: Authority for the proposition that the intention must be to cause grievous hurt, not merely hurt that turns out to be grievous.
Recall Check
- Name the eight specified injuries that constitute grievous hurt.
- What is the difference between S.115 and S.117 in terms of the mental element?
- What is the maximum punishment for an acid attack causing permanent disability?
- How is "hurt" defined under S.114?
Key Cases
Jashanmal Jhamatmal v Brahmanand (1944) Jashanmal Jhamatmal v Brahmanand 1944
Issue: Whether intending simple hurt but causing a fracture is voluntarily causing grievous hurt.
Rule: The intention must be to cause grievous hurt, not merely hurt that fortuitously becomes grievous.
Held: Convicted for simple hurt only.
Distinctions
| Basis | Hurt (S.114) | Grievous Hurt (S.116) |
|---|---|---|
| Definition | Bodily pain, disease or infirmity | Eight specified injuries only |
| List | Open: any pain qualifies | Closed: only the eight clauses |
| Punishment (basic) | Up to 1 year | Up to 7 years |
| Intention required | To cause hurt or knowledge it is likely | To cause grievous hurt or knowledge it is likely |
| Example | A slap causing pain | A blow causing fracture |
| Basis | S.118 (Dangerous Weapons) | S.124 (Acid) |
|---|---|---|
| Means | Shooting, stabbing, fire, poison, explosive, corrosive, gas, animal | Acid or any corrosive/burning substance |
| Maximum (grievous hurt) | Life or 1 to 10 years | 10 years to life (higher minimum) |
| Victim compensation | Not mandated | Fine to be paid to victim for medical expenses |
| Attempt separately punished | Not specifically | S.124(2): attempt is 5 to 7 years |
| Basis | S.115 (Voluntarily Causing Hurt) | S.125 (Endangering Life by Rash/Negligent Act) |
|---|---|---|
| Mental element | Intention or knowledge of causing hurt | Rashness or negligence (lower culpability) |
| Consequence required | Hurt must be caused | May be charged even if hurt is not caused (endangerment suffices) |
| Punishment | Up to 1 year | Up to 3 months (no hurt); 6 months (hurt); 3 years (grievous hurt) |
Flashcards
Define "hurt" under BNS S.114.
Causing bodily pain, disease or infirmity to any person.
Name the eight kinds of grievous hurt under S.116.
Emasculation; permanent loss of sight of either eye; permanent loss of hearing of either ear; privation of any member or joint; permanent impairing of powers of any member or joint; permanent disfiguration of head or face; fracture or dislocation of a bone or tooth; any hurt endangering life or causing severe pain for 15 days.
What is the mental element for voluntarily causing grievous hurt?
Intention to cause grievous hurt or knowledge that grievous hurt is likely. If only simple hurt was intended and the result is grievous, the charge is simple hurt (Jashanmal, 1944).
What is the punishment for acid attack causing permanent disability (S.124(1))?
10 years to life imprisonment plus fine (fine paid to victim for medical expenses).
Is the list of grievous hurts in S.116 exhaustive or illustrative?
Exhaustive. Only the eight specified injuries qualify.
Exam Scenario
Problem: During a quarrel, Parveen pushes Qasim, who falls and fractures his wrist. Parveen claims she only intended to push him away. Separately, Ravi throws acid at Sita's face, permanently disfiguring her. Sita survives. Advise on the charges and defences.
Step 1: Test Parveen's push under S.115/S.117
| Question | Answer |
|---|---|
| Was there bodily injury? | Yes, a fractured wrist |
| Is fracture grievous hurt? | Yes, S.116(g): fracture or dislocation of a bone |
| Did Parveen intend to cause grievous hurt? | No. She intended only to push Qasim away |
| Did she know grievous hurt was likely from a push? | Arguable, but a push ordinarily does not cause a fracture |
Apply Jashanmal (1944): the intention must be to cause grievous hurt. A push is not ordinarily intended or known to be likely to fracture a bone. The conviction should be for voluntarily causing hurt under S.115, not grievous hurt under S.117.
Step 2: Test Ravi under S.124 (acid attack)
| Element | Ravi |
|---|---|
| Threw acid at Sita's face | Yes |
| Permanent disfigurement | Yes, permanently disfiguring the face (S.116(f) is also satisfied) |
| Intention | Throwing acid at a person's face can only be done with the intention or knowledge that permanent damage will result |
S.124(1) is made out. Punishment: 10 years to life + fine paid to Sita for medical expenses.
Additionally, the injury satisfies S.116(f) (permanent disfiguration of the face), so it is also grievous hurt under S.117 read with S.118(2). But S.124 is the specific and more serious provision, so the charge should be under S.124.
Step 3: Note Ravi's additional liability under S.38(g) (private defence)
If Sita had defended herself and caused death to Ravi during the acid attack, she would have been justified under S.38(g) (new BNS clause: acid attack causing apprehension of grievous hurt gives rise to the right of private defence extending to causing death).
A push causing fracture is not automatically grievous hurt in terms of liability. The injury is grievous (S.116(g)), but the offence of voluntarily causing grievous hurt (S.117) requires the intention or knowledge to match. If only a push was intended, S.115 is the correct charge.
S.124 is lex specialis for acid. Do not charge under the general S.118 (dangerous weapons) when S.124 (acid specifically) applies. S.124 carries a higher minimum (10 years vs 1 year) and mandates victim compensation.
Conclusion. Parveen: S.115 (voluntarily causing hurt), up to 1 year. Ravi: S.124(1) (acid attack), 10 years to life.
See Also
- Culpable Homicide and Murder : where the injury intended is sufficient in the ordinary course to cause death, the case crosses into S.101(c).
- Criminal Force and Assault : the lesser offences that do not cause bodily pain.
- Right of Private Defence : S.38(b) and S.38(g) give the right to cause death where the apprehension is of grievous hurt or acid attack.