Bharatiya Nyaya Sanhita, 2023
BNS Section 117
Voluntarily causing grievous hurt
In one line
BNS Section 117 deals with voluntarily causing grievous hurt and replaces IPC 322 (now 117(1)), IPC 325 (now 117(2)); 117(3), 117(4) are new provisions with no IPC equivalent.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 117(2) | Voluntarily causing grievous hurt. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 117(3) | If hurt to results in permanent disability or persistent vegetative state. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life. | Cognizable. | Non-bailable. | Court of Session. |
| 117(4) | Grievous hurt caused by a group of 5 or more persons. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 117
117. Voluntarily causing grievous hurt.
(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.
What changed from the IPC
- IPC 325 → BNS 117(2): Formal changes but essence is same.
Frequently asked
What was BNS Section 117 in the IPC?
BNS Section 117 (Voluntarily causing grievous hurt) replaces Sections 322, 325 of the Indian Penal Code, 1860. IPC 322 is now BNS 117(1). IPC 325 is now BNS 117(2).
What is the punishment under BNS 117(2)?
Voluntarily causing grievous hurt – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
What is the punishment under BNS 117(3)?
If hurt to results in permanent disability or persistent vegetative state – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 117(4)?
Grievous hurt caused by a group of 5 or more persons – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 117 bailable?
Bailable: BNS 117(2). Non-bailable: BNS 117(3), 117(4). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 112 — Petty organised crime
- BNS 113 — Terrorist act
- BNS 114 — Hurt
- BNS 115 — Voluntarily causing hurt
- BNS 116 — Grievous hurt
- BNS 118 — Voluntarily causing hurt or grievous hurt by dangerous weapons or means
- BNS 119 — Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act
- BNS 120 — Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property
- BNS 121 — Voluntarily causing hurt or grievous hurt to deter public servant from his duty
- BNS 122 — Voluntarily causing hurt or grievous hurt on provocation