Bharatiya Nyaya Sanhita, 2023

BNS Section 118

Voluntarily causing hurt or grievous hurt by dangerous weapons or means

In one line

BNS Section 118 deals with voluntarily causing hurt or grievous hurt by dangerous weapons or means and replaces IPC 324 (now 118(1)), IPC 326 (now 118(2)).

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
118(1)Voluntarily causing hurt by dangerous weapons or means.Imprisonment for 3 years, or fine of 20,000 rupees, or both.Cognizable.Non-bailable.Any Magistrate.
118(2)Voluntarily causing grievous hurt by dangerous weapons or means [except as provided in section 122(2)].Imprisonment for life or imprisonment of not less than 1 year but which may extend to 10 years and fine.Cognizable.Non-bailable.Magistrate of the first class.

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 118

118. Voluntarily causing hurt or grievous hurt by dangerous weapons or means.

(1) Whoever, except in the case provided for by sub-section (1) of section 122, 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.

(2) Whoever, except in the case provided for by sub-section (2) of section 122, 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.

What changed from the IPC

  • IPC 324 → BNS 118(1): IPC section is included as a sub-section in BNS.
  • IPC 324 → BNS 118(1): Fine is increased which may extend to twenty thousand rupees and words "'grievous hurt" are added in heading.
  • IPC 326 → BNS 118(2): IPC section is included as a sub-section in BNS sans heading.
  • IPC 326 → BNS 118(2): Mandatory minimum imprisonment for one year is added.

Frequently asked

What was BNS Section 118 in the IPC?

BNS Section 118 (Voluntarily causing hurt or grievous hurt by dangerous weapons or means) replaces Sections 324, 326 of the Indian Penal Code, 1860. IPC 324 is now BNS 118(1). IPC 326 is now BNS 118(2).

What is the punishment under BNS 118(1)?

Voluntarily causing hurt by dangerous weapons or means – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.

What is the punishment under BNS 118(2)?

Voluntarily causing grievous hurt by dangerous weapons or means [except as provided in section 122(2)] – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.

Is BNS 118 bailable?

Non-bailable: BNS 118(1), 118(2). 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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