BNS Section 118: Everything You Need to Know About Causing Hurt with Dangerous Weapons in India
What Is BNS Section 118 and Why Should You Care?
BNS Section 118: Everything You Need to Know About Causing Hurt with Dangerous Weapons in India
What Is BNS Section 118 and Why Should You Care?
If you live in India or follow Indian law, you have probably heard about the Bharatiya Nyaya Sanhita (BNS), 2023. This is the new law that replaced the old Indian Penal Code (IPC) from 1860. One of the most important sections in this new code is Section 118. This section deals with voluntarily causing hurt or grievous hurt by dangerous weapons or means.
In simple words, if someone uses a knife, gun, acid, fire, poison, or even an animal to hurt another person on purpose, they can be punished under BNS Section 118. The law is strict because using dangerous weapons makes the crime much more serious than a simple fistfight.
Before the BNS came into force on July 1, 2024, these crimes were covered under Section 324 and Section 326 of the IPC. Now, both of these have been merged and updated into one powerful section — Section 118 of the BNS. This change brings stricter punishments, clearer rules, and important updates that every citizen should know.
Let us break this down in a simple, engaging way so you can understand exactly what this law means, how it works, and what happens if someone breaks it.
The Exact Words of BNS Section 118
To understand any law, we must first look at what it actually says. Here is the full text of Section 118 of the Bharatiya Nyaya Sanhita, 2023:
Sub-section (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.
Sub-section (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.
In plain English, this means:
- If you use a dangerous weapon to cause simple hurt, you can go to jail for up to 3 years or pay a fine up to ₹20,000, or both.
- If you use a dangerous weapon to cause grievous hurt (serious injury), you can face life imprisonment, or jail for at least 1 year and up to 10 years, plus a fine.
How Is BNS Section 118 Different from the Old IPC?
The biggest change from the old IPC to the new BNS is that Section 118 combines two old sections into one and makes the law much stricter. Here is what changed:
- Old IPC Section 324 dealt with voluntarily causing hurt by dangerous weapons. It was bailable for most of its history, meaning the accused could get bail as a matter of right.
- Old IPC Section 326 dealt with voluntarily causing grievous hurt by dangerous weapons. It was non-bailable and had serious punishment.
- New BNS Section 118 brings both hurt and grievous hurt under one roof. The most shocking change is that even simple hurt under Section 118(1) is now NON-BAILABLE.
This is a huge shift. Earlier, if someone was accused under Section 324 IPC, they could often get bail easily. Now, under BNS 118(1), getting bail is no longer a right. It is up to the judge to decide. This shows that the new law wants to crack down hard on weapon-based violence.
Another important change is the fine limit. Under the old IPC, there was no specific limit on the fine for Section 324. Under BNS 118(1), the fine is capped at ₹20,000, making the punishment more predictable.
What Counts as a "Dangerous Weapon" Under BNS Section 118?
This is a very important question. Not every object used in a fight becomes a "dangerous weapon" under this law. The law specifically lists what counts as dangerous means. Let us look at each one:
- Instruments for shooting, stabbing, or cutting — This includes guns, knives, swords, daggers, razors, and any sharp object designed to pierce or cut the body.
- Any instrument likely to cause death when used as a weapon — Even if the object is not normally a weapon, if it is used in a way that can kill, it counts. For example, a heavy iron rod, a brick, or a sharp stone used to smash someone's head.
- Fire or any heated substance — Throwing acid, pouring boiling water, or using a burning object to injure someone.
- Poison or corrosive substances — Giving someone poison, acid, or any chemical that burns or damages the body from inside or outside.
- Explosive substances — Using bombs, firecrackers, or any explosive material to cause injury.
- Harmful substances to inhale, swallow, or absorb into the blood — Forcing someone to drink or breathe toxic chemicals, or injecting harmful drugs.
- Animals — Setting a dog on someone, or using any animal to attack and injure a person.
The law is very clear: if you use any of these means to hurt someone on purpose, you are committing a serious crime.
The Two Categories of Offences Under Section 118
Section 118 is divided into two parts based on how bad the injury is. This is important because the punishment changes completely depending on the severity.
Sub-section (1): Voluntarily Causing Hurt by Dangerous Weapons
This applies when the injury caused is hurt — meaning bodily pain, disease, or infirmity, but NOT permanent or life-threatening damage.
- Punishment: Up to 3 years in jail, or a fine up to ₹20,000, or both.
- Nature: Cognizable — police can arrest without a warrant.
- Bail: Non-bailable — bail is not a right; the court decides.
- Trial Court: Any Magistrate can try this case.
Sub-section (2): Voluntarily Causing Grievous Hurt by Dangerous Weapons
This applies when the injury is grievous hurt — meaning serious, permanent damage like:
- Loss of a body part or organ
- Permanent disfigurement of the face or head
- Fractures or broken bones
- Any injury that causes the victim to be in danger of death
- Permanent loss of eyesight or hearing
- Any injury that endangers life
- Punishment: Life imprisonment, or jail for at least 1 year and up to 10 years, plus a fine.
- Nature: Cognizable — police can arrest without a warrant.
- Bail: Non-bailable — very difficult to get bail.
- Trial Court: Magistrate of the First Class.
The addition of a minimum 1-year imprisonment for grievous hurt is a new feature. Under the old IPC, there was no minimum sentence. The BNS makes sure that even the lightest punishment for this crime is at least one year behind bars.
Important Legal Terms You Must Understand
To fully grasp Section 118, you need to know a few legal terms. Do not worry — we will explain them in simple words.
- Voluntarily: This means the act was done on purpose, not by accident. If someone accidentally hits you with their car, that is not voluntary. But if they pick up a stone and throw it at you, that is voluntary.
- Hurt: Any bodily pain, disease, or infirmity. A slap, a punch, a small cut, or a bruise can all be "hurt."
- Grievous Hurt: A much more serious injury. Think broken bones, permanent scars, loss of an eye, or any injury that puts life in danger.
- Dangerous Weapons or Means: The specific list we discussed above — guns, knives, fire, poison, explosives, harmful chemicals, and animals.
- Cognizable Offence: The police can arrest the accused without a warrant and start investigation immediately.
- Non-Bailable Offence: The accused cannot claim bail as a right. They must apply to the court, and the judge will decide based on the facts of the case.
- Imprisonment of Either Description: This means the court can give simple imprisonment (lighter, usually in a regular jail) or rigorous imprisonment (hard labour).
Real-Life Examples: When Does Section 118 Apply?
Let us make this practical with some everyday examples:
- Example 1: During a road rage incident, Person A pulls out a knife and slashes Person B's arm. The cut is deep but does not cause permanent damage. This is hurt by dangerous weapon — Section 118(1) applies.
- Example 2: In a property dispute, Person A throws acid on Person B's face. Person B loses eyesight and suffers permanent disfigurement. This is grievous hurt by dangerous means — Section 118(2) applies, and the punishment can be life imprisonment.
- Example 3: A group of attackers sets a dog on a man, causing severe bite injuries and permanent scars. Since an animal was used as a means, Section 118(2) applies.
- Example 4: During a fight, someone hits another person with a cricket bat. The injury is a minor bruise. If the bat was used in a way "likely to cause death," it could be Section 118(1). But if it was just a light tap, it might be simple hurt under Section 115(2).
These examples show why the nature of the weapon and the severity of the injury are the two most important factors in any Section 118 case.
The Biggest Change: From Bailable to Non-Bailable
If there is one thing you should remember about BNS Section 118, it is this: the offence is now non-bailable, even for simple hurt.
Under the old IPC Section 324, the offence was bailable (though some later amendments made it non-bailable in certain states). This meant that if you were accused, you could get bail relatively easily. But under BNS 118(1), the law says non-bailable clearly.
What does this mean for the accused?
- You cannot demand bail as a matter of right.
- You must file a bail application under Section 481 of the BNSS (Bharatiya Nagarik Suraksha Sanhita).
- The judge will look at the facts, the weapon used, your criminal history, and the injury caused before deciding.
- If the weapon was particularly dangerous or the injury was severe, bail may be denied.
This change sends a strong message: India is done tolerating casual weapon violence. If you pick up a weapon to hurt someone, the law will treat you very seriously from the very first day.
Exceptions to Section 118: When Is It Not a Crime?
No law is absolute. There are situations where even if someone uses a dangerous weapon, they may not be punished under Section 118. The law mentions "except in the case provided for by sub-section (1) of section 122" and "except in the case provided for by sub-section (2) of section 122."
Section 122 of the BNS deals with voluntarily causing hurt or grievous hurt to extort property or to constrain to an illegal act. This is a different, more specific crime with its own punishment.
More importantly, the General Exceptions in Chapter 3 of the BNS (Sections 14 to 44) can also apply. For example:
- Right of Private Defence (Sections 34 to 44): If you use a weapon to protect yourself from an attacker, and the force is reasonable, you may not be guilty under Section 118. For instance, if someone attacks you with a sword and you pick up a rod to defend yourself, the law may excuse your act.
- Accident (Section 14): If the injury happened purely by accident during a lawful act, with no criminal intent, Section 118 does not apply.
- Consent (Section 19): In very rare cases, if the victim consented to the act (like in a properly regulated sport), the law may not apply.
However, these exceptions are strictly interpreted by courts. You cannot simply claim "self-defence" and expect to walk free. The court will examine whether the force used was proportionate to the threat.
How Courts Decide What Is a "Dangerous Weapon"
One of the most debated issues in Section 118 cases is: Was the object used really a dangerous weapon?
Courts have looked at this carefully. In a notable case, the Kerala High Court in Kumaran v. State of Kerala dealt with a situation where the accused allegedly struck the victim with a stone, causing a facial fracture. The Trial Court had convicted the accused under Section 326 IPC (now Section 118(2) BNS).
However, the High Court observed that stones are not inherently dangerous weapons. The court said we must look at factors like:
- The size of the stone
- Whether it was sharp
- Whether it was likely to cause death when used as a weapon
Since the prosecution failed to prove these aspects, the High Court reclassified the offence from grievous hurt to simple hurt under Section 323 IPC (now Section 115(2) BNS). This shows that the nature of the weapon is a key point of contention in every Section 118 trial.
For lawyers and accused persons, this means:
- If the object used was not inherently lethal (like a plastic bottle, a pen, or a small stone), the charge under Section 118(1) can be challenged.
- The prosecution must prove that the object, as used in that specific situation, was likely to cause death.
- If the charge is reduced to Section 115(2) (simple hurt), the offence becomes bailable and the punishment is much lighter — up to 1 year or fine up to ₹10,000.
Procedural Aspects: What Happens After an FIR?
If someone is accused under BNS Section 118, here is what typically happens step by step:
- Step 1: FIR Registration — The victim or a witness goes to the police and files a First Information Report (FIR). The police must register it because Section 118 is a cognizable offence.
- Step 2: Medical Examination — The victim is taken for a Medical Legal Case (MLC) examination. The doctor records all injuries. This medical report becomes crucial evidence.
- Step 3: Arrest — Since the offence is non-bailable and cognizable, the police can arrest the accused without a warrant. They must produce the accused before a Magistrate within 24 hours.
- Step 4: Weapon Recovery — If the police recover the weapon (knife, rod, etc.), they must now follow Section 105 of the BNSS, which mandates videography of the recovery process. If they fail to videograph the recovery, the evidence may become weak or inadmissible.
- Step 5: Bail Hearing — The accused applies for bail under Section 481 BNSS. The court looks at the injury report, the weapon, the accused's background, and the likelihood of tampering with evidence.
- Step 6: Trial — If bail is denied or the case proceeds, the trial begins. The prosecution must prove:
- That the accused voluntarily caused the hurt
- That a dangerous weapon or means was used
- That the injury amounts to hurt or grievous hurt
- Step 7: Judgment — Based on the evidence, the court decides whether to convict under Section 118(1) or 118(2), or to reduce the charge to a lesser offence.
Digital Evidence and Section 118 Trials
In modern India, CCTV footage, mobile videos, and digital evidence play a huge role in Section 118 cases. However, the law now has strict rules about how digital evidence is used.
Under Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, any electronic record (like a CCTV video of the assault) must come with a certificate of authenticity. Without this certificate, the court may ignore the video evidence completely.
For defence lawyers, this is a critical point:
- If the prosecution relies on a video but fails to produce the Section 63 BSA certificate, the defence can object and have the evidence excluded.
- If the police recovered a weapon but did not videograph the recovery as required under Section 105 BNSS, the recovery can be challenged as suspicious or planted.
These procedural safeguards ensure that Section 118 is not misused to frame innocent people.
Punishment Breakdown: What Sentence Can You Expect?
Let us make the punishment crystal clear:
For Section 118(1) — Voluntarily Causing Hurt by Dangerous Weapons:
- Maximum imprisonment: 3 years
- Maximum fine: ₹20,000
- Or both
- Nature: Cognizable, Non-bailable
- Triable by: Any Magistrate
For Section 118(2) — Voluntarily Causing Grievous Hurt by Dangerous Weapons:
- Imprisonment for life (possible in extreme cases)
- Or imprisonment: Not less than 1 year, up to 10 years
- Plus fine (amount not specified, left to court discretion)
- Nature: Cognizable, Non-bailable
- Triable by: Magistrate of the First Class
The minimum 1-year sentence for grievous hurt is a new addition by the BNS. Under the IPC, there was no minimum — the court could even give less than a year in some cases. Now, the law says at least one year, making the punishment much more certain and severe.
Comparison: IPC vs. BNS — Side by Side
To understand the evolution, let us compare the old and new laws:
- Old IPC Section 324 = New BNS Section 118(1)
- Both deal with hurt by dangerous weapons
- IPC 324 was bailable; BNS 118(1) is non-bailable
- IPC 324 had no fine limit; BNS 118(1) caps fine at ₹20,000
- Old IPC Section 326 = New BNS Section 118(2)
- Both deal with grievous hurt by dangerous weapons
- Both are non-bailable and carry serious punishment
- BNS 118(2) adds a minimum 1-year imprisonment
- Both allow life imprisonment as the maximum
The BNS has essentially tightened the noose around weapon-based crimes by making even simple hurt non-bailable and adding minimum sentences for grievous hurt.
Why Was This Change Needed?
You might wonder: why did the government make these changes? The answer is simple — weapon violence in India was being treated too lightly.
Under the old IPC, many people accused of attacking someone with a knife or rod would get bail easily, go back to society, and sometimes intimidate witnesses or repeat their crimes. The law was not acting as a strong deterrent.
By making BNS 118(1) non-bailable, the new law ensures that:
- The accused stays in custody during the early stages of investigation
- There is less chance of witness tampering
- The accused takes the charges seriously
- Society gets a clear message that using weapons in fights is unacceptable
The minimum sentence for grievous hurt also ensures that courts cannot give token punishments. If you cause serious injury with a dangerous weapon, you will spend at least one year in jail, and possibly much more.
Practical Advice: What to Do If You Are Involved in a Section 118 Case
Whether you are a victim, an accused, or a witness, here is what you should know:
If You Are the Victim:
- File the FIR immediately. Do not delay, as delay can weaken your case.
- Get a medical examination as soon as possible. The MLC report is your strongest evidence.
- Preserve evidence. If there is CCTV footage, mobile video, or witnesses, make sure the police record them.
- Do not settle for pressure. Because this is a non-bailable, cognizable offence, the case is between the State and the accused. You cannot simply "withdraw" the FIR easily.
If You Are the Accused:
- Do not panic, but take it seriously. This is a non-bailable offence, so your first priority is legal representation.
- Apply for bail under Section 481 BNSS. Your lawyer must argue the facts strongly.
- Challenge the weapon. If the object used was not inherently dangerous, your lawyer can argue for a reduction to Section 115(2).
- Check for procedural flaws. Was the weapon recovery videographed under Section 105 BNSS? Is there a Section 63 BSA certificate for digital evidence? These can be powerful defence tools.
- Consider the Right of Private Defence. If you were genuinely protecting yourself, gather evidence of the attack on you.
If You Are a Witness:
- Tell the truth. Section 118 cases often depend heavily on eyewitness testimony.
- Your statement matters. A clear, consistent account can help the court understand exactly what happened.
The Bottom Line: Section 118 Is a Game-Changer
BNS Section 118 is one of the most significant sections in the new criminal code. It reflects modern India's zero-tolerance approach to weapon-based violence. By combining the old Sections 324 and 326 into one powerful provision, and by making simple hurt with weapons non-bailable, the law has become much stricter.
If you are a law student, a lawyer, a police officer, or just a concerned citizen, understanding Section 118 is essential. It tells us that:
- Picking up a weapon in a fight changes everything.
- The law now treats even minor injuries with weapons very seriously.
- Justice will be swifter and stricter for those who use dangerous means to harm others.
The message from the Bharatiya Nyaya Sanhita is loud and clear: Keep the weapons down, or face the consequences.
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