Bharatiya Nyaya Sanhita, 2023
BNS Section 124
Voluntarily causing grievous hurt by use of acid, etc
In one line
BNS Section 124 deals with voluntarily causing grievous hurt by use of acid, etc and replaces IPC 326A (now 124(1)), IPC 326B (now 124(2)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 124(1) | Voluntarily causing grievous hurt by use of acid, etc. | Imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 124(2) | Voluntarily throwing or attempting to throw acid. | Imprisonment for 5 years but which may extend to 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 124
124. Voluntarily causing grievous hurt by use of acid, etc.
(1) Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt or causes a person to be in a permanent vegetative state shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. Explanation 1.—For the purposes of this section, “acid” includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability. Explanation 2.—For the purposes of this section, permanent or partial damage or deformity or permanent vegetative state shall not be required to be irreversible.
What changed from the IPC
- IPC 326A → BNS 124(1): The IPC section is included as a subsection in BNS.
- IPC 326A → BNS 124(1): Words "causes a person to be in a permanent vegetative state" are added in Section 124(1) of the BNS.
- IPC 326B → BNS 124(2): IPC section is included as a sub-section in BNS, sans heading.
- IPC 326B → BNS 124(2): Words "permanent vegetative state" are added.
Frequently asked
What was BNS Section 124 in the IPC?
BNS Section 124 (Voluntarily causing grievous hurt by use of acid, etc) replaces Sections 326A, 326B of the Indian Penal Code, 1860. IPC 326A is now BNS 124(1). IPC 326B is now BNS 124(2).
What is the punishment under BNS 124(1)?
Voluntarily causing grievous hurt by use of acid, etc – punishable with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine. 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 124(2)?
Voluntarily throwing or attempting to throw acid – punishable with imprisonment of either description for a term which shall not be less than five years but 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 124 bailable?
Non-bailable: BNS 124(1), 124(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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Nearby BNS sections
- 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
- BNS 123 — Causing hurt by means of poison, etc., with intent to commit an offence
- BNS 125 — Act endangering life or personal safety of others
- BNS 126 — Wrongful restraint
- BNS 127 — Wrongful confinement
- BNS 128 — Force
- BNS 129 — Criminal force