Hurt and Grievous Hurt Under the BNS: Sections 114 to 125

Hurt and Grievous Hurt Under the BNS: Sections 114 to 125 Explained A Comprehensive Guide to India's New Criminal Law Provisions on Bodily Harm Publi

Hurt and Grievous Hurt Under the BNS: Sections 114 to 125 Explained

A Comprehensive Guide to India's New Criminal Law Provisions on Bodily Harm

Published: July 11, 2026 | Category: Criminal Law | Bharatiya Nyaya Sanhita, 2023

Table of Contents

• 1. Introduction: The Transition from IPC to BNS
• 2. Overview of Chapter VI: Hurt and Grievous Hurt (Sections 114-125)
• 3. Section 114 BNS: Definition of Hurt
• 4. Section 115 BNS: Voluntarily Causing Hurt
• 5. Section 116 BNS: Definition of Grievous Hurt (8 Kinds)
• 6. Section 117 BNS: Voluntarily Causing Grievous Hurt
• 7. Section 118 BNS: Hurt by Dangerous Weapons or Means
• 8. Section 119 BNS: Hurt to Extort Property or Constrain to Illegal Act
• 9. Section 120 BNS: Hurt to Extort Confession or Compel Restoration of Property
• 10. Section 121 BNS: Hurt to Deter Public Servant from Duty
• 11. Section 122 BNS: Hurt on Provocation
• 12. Section 123 BNS: Hurt by Means of Poison
• 13. Section 124 BNS: Grievous Hurt by Use of Acid
• 14. Section 125 BNS: Act Endangering Life or Personal Safety
• 15. Complete IPC to BNS Mapping Table
• 16. Key Changes from IPC to BNS
• 17. Important Case Laws
• 18. Conclusion

Also Read Related Articles on Barristery.in:

Bharatiya Nyaya Sanhita (BNS), 2023 Overview Section 114 of BNS - Hurt Section 117 of BNS - Grievous Hurt Section 119 of BNS - Hurt to Extort Property Sexual Offences Under BNS Offences Relating to Marriage Under BNS Section 4 of BNS - Types of Punishments Section 14 of BNS Section 16 of BNS

1. Introduction: The Transition from IPC to BNS

On 1st July 2024, India witnessed a historic transformation in its criminal justice system when the Bharatiya Nyaya Sanhita (BNS), 2023 officially replaced the colonial-era Indian Penal Code (IPC), 1860, which had governed the country for over 163 years. This landmark legislation represents not merely a renumbering exercise but a comprehensive overhaul of India's substantive criminal law, designed to address contemporary challenges while preserving the foundational principles of justice.

Among the most frequently invoked provisions in criminal law are those dealing with hurt and grievous hurt. These offences form the backbone of cases involving physical violence, assault, and bodily harm. Under the new BNS framework, these provisions have been reorganized into Chapter VI (Sections 114 to 125), replacing the erstwhile Sections 319 to 338 of the IPC.

Why This Matters: The classification of harm as either "hurt" or "grievous hurt" determines the severity of punishment, the nature of trial (whether before a Magistrate or Sessions Court), bail eligibility, and whether the offence is compoundable. Understanding these distinctions is crucial for legal practitioners, law students, judicial officers, and citizens alike.

The scheme of Chapter VI turns on two fundamental distinctions. The first is between hurt, which encompasses bodily pain, disease, or infirmity, and grievous hurt, which refers to any one of eight specifically listed serious injuries. The second distinction, applied to each category, is whether the injury was caused voluntarily—meaning with the intention or knowledge that hurt or grievous hurt was likely to result.

This comprehensive guide provides a detailed examination of each section from 114 to 125 of the Bharatiya Nyaya Sanhita, explaining definitions, essential ingredients, punishments, illustrations, comparisons with corresponding IPC provisions, and important judicial interpretations.

2. Overview of Chapter VI: Hurt and Grievous Hurt (Sections 114-125)

Chapter VI of the BNS contains twelve sections that comprehensively address all aspects of bodily harm. The structure follows a logical progression from basic definitions to specific aggravated offences:

Section	Subject Matter	Corresponding IPC Section
114	Definition of Hurt	Section 319
115	Voluntarily Causing Hurt	Sections 321, 323
116	Definition of Grievous Hurt (8 Kinds)	Section 320
117	Voluntarily Causing Grievous Hurt	Sections 322, 325
118	Hurt by Dangerous Weapons or Means	Sections 324, 326
119	Hurt to Extort Property or Constrain to Illegal Act	Sections 327, 329
120	Hurt to Extort Confession or Compel Restoration of Property	Sections 330, 331
121	Hurt to Deter Public Servant from Duty	Sections 332, 333
122	Hurt on Provocation	Sections 334, 335
123	Hurt by Means of Poison	Section 328
124	Grievous Hurt by Use of Acid	Sections 326A, 326B
125	Act Endangering Life or Personal Safety	Sections 336, 337, 338

Key Structural Change

While most provisions are essentially renumbered versions of their IPC counterparts, the BNS introduces significant new elements, particularly in Section 117, which now contains two entirely new sub-sections addressing permanent disability/vegetative state and group violence on identity grounds.

3. Section 114 BNS: Definition of Hurt

Statutory Provision

Section 114 of the Bharatiya Nyaya Sanhita, 2023:

"Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt."

Section 114 provides the foundational definition of "hurt" under the new criminal code. This provision is identical in language to Section 319 of the IPC, preserving the traditional understanding while integrating it into the new framework. The definition is deliberately wide and expansive, encompassing three distinct categories of harm.

Essential Ingredients of Hurt Under Section 114

To constitute the offence of hurt, the following three essential ingredients must be satisfied:

1. Bodily Pain

This includes any physical discomfort, injury, or trauma inflicted on the body. The pain need not be severe or long-lasting; even a minor act like slapping, pinching, or a blow that leaves no visible mark can qualify as hurt if it causes physical pain.

Important: The pain must be physical. Mere mental anguish, emotional distress, or psychological trauma, without accompanying bodily pain, does not constitute hurt under this section.

2. Disease

If the accused knowingly or negligently transmits a disease to another person, it is deemed to be hurt. This includes:

• Communicable diseases transmitted through physical contact
• Infection through contaminated needles or medical equipment
• Disease caused through contaminated food or water
• Any illness intentionally or negligently caused to another

3. Causing of Infirmity

Infirmity refers to any temporary or permanent impairment of a person's physical or mental capacity. It encompasses:

• Loss of strength or physical power
• Inability to perform normal bodily functions
• Temporary disability or weakness
• Rendering someone unconscious or temporarily paralysing a limb
• Administering substances that make a person unwell

Infirmity is wider than a visible wound—it covers any condition where an organ fails to perform its normal function due to the accused's act.

Nature of the Offence

Section 114 is merely a defining provision. It does not prescribe any punishment on its own. The punishment for causing hurt is provided under Section 115 (voluntarily causing hurt) and other subsequent sections depending on the circumstances and manner of infliction.

4. Section 115 BNS: Voluntarily Causing Hurt

Statutory Provision

Section 115 of the Bharatiya Nyaya Sanhita, 2023:

(1) Whoever, except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.

(2) The offence under sub-section (1) shall be non-cognizable and bailable.

Section 115 transforms the definition of hurt into a punishable offence. The critical element that distinguishes this provision is the word "voluntarily." A person is said to voluntarily cause hurt when they do any act with the intention to cause hurt or with the knowledge that such an act is likely to cause hurt, and as a result of that act, hurt is actually caused.

Essential Elements of Section 115

1. Mens Rea (Guilty Mind): The presence of intention or knowledge is crucial. The accused must either intend to cause hurt or know that their act is likely to cause hurt.
2. Actus Reus (Guilty Act): There must be an actual act that results in causing hurt to another person.
3. Causation: The hurt caused must be a direct result of the voluntary act of the accused.
4. Absence of Exception: The case must not fall under the exception provided in Section 122(1) (hurt caused on grave and sudden provocation).

Punishment and Nature of Offence

Aspect	Details
Maximum Imprisonment	1 year (either description)
Maximum Fine	₹10,000
Nature of Offence	Non-cognizable, Bailable
Triable By	Any Magistrate
Compoundable	Yes (with permission of court)

Illustration

A, in a heated argument, slaps B on the face. B experiences bodily pain but no visible injury. A has voluntarily caused hurt under Section 115 and is liable for punishment up to one year imprisonment or fine up to ₹10,000, or both.

5. Section 116 BNS: Definition of Grievous Hurt (8 Kinds)

Statutory Provision

Section 116 of the Bharatiya Nyaya Sanhita, 2023:

"The following kinds of hurt only are designated as grievous, namely:—

Firstly — Emasculation.

Secondly — Permanent privation of the sight of either eye.

Thirdly — Permanent privation of the hearing of either ear.

Fourthly — Privation of any member or joint.

Fifthly — Destruction or permanent impairing of the powers of any member or joint.

Sixthly — Permanent disfiguration of the head or face.

Seventhly — Fracture or dislocation of a bone or tooth.

Eighthly — Any hurt which endangers life or which causes the sufferer to be in the course of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits."

Section 116 provides an exhaustive list of eight specific kinds of hurt that are designated as "grievous." This closed-list approach ensures certainty and precision—the court checks the injury against these eight clauses rather than making a subjective assessment of severity.

The Eight Kinds of Grievous Hurt Explained

Kind	Description	Key Points
1. Emasculation	Depriving a male of his masculine power, usually referring to loss of reproductive ability or injury to sexual organs	Applies only to males; involves loss of virility or reproductive capacity
2. Permanent Loss of Sight	Permanent privation of the sight of either eye	Loss must be permanent and irreversible; temporary blurring does not qualify
3. Permanent Loss of Hearing	Permanent privation of the hearing of either ear	Permanent deafness in one or both ears; must be irreversible
4. Loss of Member or Joint	Privation of any limb or joint (hand, leg, arm, elbow, knee, etc.)	Complete loss through amputation or rendering useless
5. Destruction/Permanent Impairment	Destruction or permanent impairing of powers of any member or joint	Limb/joint present but non-functional or permanently weakened
6. Permanent Disfiguration	Permanent disfiguration of the head or face	Visible, lasting change in appearance (scars, burns, deformation)
7. Fracture or Dislocation	Fracture or dislocation of a bone or tooth	Includes hairline cracks; broken tooth also qualifies
8. Life-Endangering/15 Days Pain	Hurt endangering life OR causing severe pain/inability for 15 days	Changed from 20 days in IPC to 15 days in BNS

Critical Change from IPC to BNS

The eighth kind of grievous hurt represents the only genuine definitional change in 164 years. Under the old Section 320 of IPC, the threshold was twenty days of severe bodily pain or inability to follow ordinary pursuits. The BNS has reduced this to fifteen days. This means an injury that kept a victim in pain for 17 days would have been simple hurt under IPC but is now grievous hurt under BNS.

Detailed Analysis of Each Kind

1. Emasculation

Emasculation refers to the deprivation of masculine power, specifically the loss of reproductive ability or injury to sexual organs. This kind applies exclusively to male victims and encompasses castration or any injury that renders a male incapable of procreation.

2 & 3. Permanent Loss of Sight or Hearing

The loss of sight of either eye or hearing of either ear must be permanent and irreversible. Temporary impairment that subsequently recovers does not qualify. Medical evidence from ophthalmologists or ENT specialists is typically required to prove permanence.

4 & 5. Loss or Impairment of Limbs/Joints

These clauses cover situations where a limb or joint is either completely lost (amputation) or rendered permanently non-functional. The distinction between the two is that the fourth kind involves complete privation, while the fifth involves the limb being present but its powers being destroyed or permanently impaired.

6. Permanent Disfiguration of Head or Face

Disfiguration means a change that detracts from a person's appearance. It must be both permanent and located on the head or face. A scar that fades over time does not qualify, but a permanent facial scar from an acid attack or deep wound does. The disfiguration must be visible and substantial enough to affect the person's appearance.

7. Fracture or Dislocation of Bone or Tooth

This is one of the most commonly invoked clauses. According to the Supreme Court in Hori Lal v. State of U.P. (AIR 1970 SC 1969), a "fracture" does not require the bone to be broken completely or displaced. A partial break, crack, or hairline fracture is sufficient to bring the injury within this clause. Even a broken tooth qualifies as grievous hurt.

8. Life-Endangering Hurt or 15-Day Threshold

This residual clause catches serious injuries that don't fit the first seven categories but are plainly grave. It has three alternative conditions:

• The hurt endangers life (a stronger expression than merely being dangerous or serious)
• It causes the sufferer to be in severe bodily pain for fifteen days
• It renders the victim unable to follow ordinary pursuits for fifteen days

Judicial Interpretation

Hori Lal v. State of U.P. (AIR 1970 SC 1969): The Supreme Court held that a "fracture" under this clause does not require the bone to be cut clean through or displaced. A partial break or crack is enough to constitute a fracture. This holding decides a large share of grievous-hurt cases, as many turn on X-rays showing hairline cracks.

6. Section 117 BNS: Voluntarily Causing Grievous Hurt

Statutory Provision

Section 117 of the Bharatiya Nyaya Sanhita, 2023:

(1) 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.

(2) Where grievous hurt is caused by dangerous weapons or means, the punishment shall extend to imprisonment for life, or imprisonment which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.

(3) Where grievous hurt causes permanent disability or persistent vegetative state, the punishment shall be rigorous imprisonment for not less than ten years which may extend to imprisonment for life.

(4) Where five or more persons cause grievous hurt on grounds of race, caste, community, sex, place of birth, language or personal belief, each member shall be punished with imprisonment up to seven years and fine.

Section 117 is the most important provision in Chapter VI as it punishes the voluntary causing of grievous hurt. It replaces the old IPC Sections 322 (definition of offence) and 325 (punishment), consolidating them into a single comprehensive provision with four sub-sections.

Essential Ingredients

1. Grievous hurt must be actually caused: The injury must fall within one of the eight kinds defined in Section 116.
2. The act must be voluntary: The accused must have intention or knowledge of causing grievous hurt.
3. Intention or Knowledge: Even if the type of grievous hurt caused is different from what was intended, it still amounts to voluntarily causing grievous hurt.

Illustration

A, intending or knowing himself to be likely to permanently 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 fifteen days. A has voluntarily caused grievous hurt under Section 117, even though the actual harm (15-day pain) is different from what was intended (permanent disfigurement).

Punishment Structure Under Section 117

Sub-Section	Scenario	Punishment	Nature
117(1)	Base offence: Voluntarily causing grievous hurt	Up to 7 years + fine	Cognizable, Bailable
117(2)	By dangerous weapons or means	Life imprisonment OR 1-10 years + fine	Cognizable, Non-bailable
117(3)	Causing permanent disability or vegetative state	RI not less than 10 years, up to life	Cognizable, Non-bailable
117(4)	By 5+ persons on identity grounds	Up to 7 years + fine	Cognizable, Non-bailable

New Provisions in BNS

Section 117(3) and Section 117(4) are entirely new additions with no equivalent in the IPC:

• 117(3) addresses cases where grievous hurt results in permanent disability or a persistent vegetative state, prescribing a mandatory minimum of 10 years rigorous imprisonment.
• 117(4) targets mob violence and hate crimes, punishing groups of five or more persons who cause grievous hurt on grounds of race, caste, sex, place of birth, language, or personal belief.

7. Section 118 BNS: Hurt by Dangerous Weapons or Means

Statutory Provision

Section 118 of the Bharatiya Nyaya Sanhita, 2023:

(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 corrosive substance, or any explosive substance, or any harmful inhalant or ingestible material, 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 of the means specified 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.

Section 118 addresses the aggravated form of hurt caused by dangerous weapons or means. The use of such instruments or methods increases the severity of the offence and consequently the punishment.

Instruments and Means Covered

Category	Examples
Firearms	Guns, pistols, revolvers, any instrument for shooting
Sharp Instruments	Knives, swords, daggers, any instrument for stabbing or cutting
Fire	Burning, setting fire to person or clothing
Corrosive Substances	Acids (other than those covered under Section 124), alkalis
Explosives	Bombs, grenades, dynamite, any explosive substance
Harmful Substances	Poisonous gases, harmful chemicals, toxic materials
Animals	Setting dogs, snakes, or other dangerous animals on persons

Punishment

Offence	Punishment	Nature
Hurt by dangerous weapons/means	Up to 3 years OR ₹20,000 fine OR both	Cognizable, Bailable
Grievous hurt by dangerous weapons/means	Life imprisonment OR 1-10 years + fine	Cognizable, Non-bailable

Critical Change

Under the BNS, voluntarily causing hurt by dangerous weapons has become non-bailable, whereas it was bailable under the corresponding IPC Section 324. This represents a significant tightening of the law.

8. Section 119 BNS: Hurt to Extort Property or Constrain to Illegal Act

Statutory Provision

Section 119 of the Bharatiya Nyaya Sanhita, 2023:

(1) Whoever voluntarily causes hurt for the purpose of extorting from the person so hurt, or from any other person, any property or valuable security, or of constraining that person or any other person to do anything illegal or to facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

(2) Whoever voluntarily causes grievous hurt for any purpose specified in sub-section (1), shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 119 addresses situations where hurt is inflicted as a means to an end—specifically, to extort property, valuable security, or to force someone to commit an illegal act. This provision replaces the old IPC Sections 327 and 329.

Essential Ingredients

1. Voluntary causing of hurt or grievous hurt
2. Purpose/Motive: The hurt must be caused for one of the following purposes:
   • Extorting property or valuable security from the victim or any other person
   • Constraining the victim or any other person to do anything illegal
   • Facilitating the commission of an offence
3. Connection between hurt and purpose: There must be a direct link between the infliction of hurt and the intended purpose.

Illustrations

Illustration 1: A threatens to beat Z unless Z delivers certain property to A. A then beats Z. A is guilty under Section 119 for voluntarily causing hurt to extort property.

Illustration 2: A kidnaps Z's child and beats Z to force Z to pay ransom. A is guilty under Section 119 for causing hurt to extort property.

Punishment

Offence	Punishment	Nature
Causing hurt to extort property/constrain to illegal act	Up to 10 years + fine	Cognizable, Non-bailable
Causing grievous hurt for same purposes	Life imprisonment OR up to 10 years + fine	Cognizable, Non-bailable

Read More on Barristery.in

For a detailed analysis of Section 119, visit our dedicated article:

Section 119 of BNS - Complete Guide

9. Section 120 BNS: Hurt to Extort Confession or Compel Restoration of Property

Statutory Provision

Section 120 of the Bharatiya Nyaya Sanhita, 2023:

(1) Whoever voluntarily causes hurt for the purpose of extorting from the person so hurt, or from any other person, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of compelling the person so hurt, or any other person, to restore any property or to satisfy any claim or demand, or to give information which may lead to the restoration of any property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

(2) Whoever voluntarily causes grievous hurt for any purpose specified in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 120 specifically targets the practice of extracting confessions or information through torture, or compelling restoration of property through infliction of hurt. This provision is particularly relevant in cases of police brutality and custodial violence.

Purposes Covered

• Extorting any confession from the victim or any other person
• Extorting any information which may lead to detection of an offence or misconduct
• Compelling the victim to restore any property
• Compelling the victim to satisfy any claim or demand
• Compelling the victim to give information leading to restoration of property

Illustrations

Illustration (a): A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under Section 120.

Illustration (b): A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty under Section 120.

Illustration (c): A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty under Section 120.

Punishment

Offence	Punishment	Nature
Causing hurt to extort confession/compel restoration	Up to 7 years + fine	Cognizable, Non-bailable
Causing grievous hurt for same purposes	Up to 10 years + fine	Cognizable, Non-bailable

10. Section 121 BNS: Hurt to Deter Public Servant from Duty

Statutory Provision

Section 121 of the Bharatiya Nyaya Sanhita, 2023:

(1) Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished 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.

Section 121 provides enhanced protection to public servants performing their lawful duties. The section recognizes that attacks on public servants not only harm individuals but also undermine the functioning of the state and the rule of law.

Essential Ingredients

1. The victim must be a public servant as defined under Section 21 of BNS (corresponding to Section 21 of IPC)
2. The public servant must be discharging their duty at the time of the offence, OR
3. The accused must have intent to prevent or deter the public servant from discharging duty, OR
4. The hurt must be in consequence of anything done or attempted by the public servant in lawful discharge of duty

Punishment

Offence	Punishment	Nature
Causing hurt to public servant in discharge of duty	Up to 5 years OR fine OR both	Cognizable, Non-bailable
Causing grievous hurt to public servant in discharge of duty	Not less than 1 year, up to 10 years + fine	Cognizable, Non-bailable

Who is a Public Servant?

The term "public servant" includes:

• Police officers, magistrates, judges
• Government employees and officers
• Members of armed forces
• Election officials
• Any person in the service or pay of the government
• Persons authorized to perform public duties

11. Section 122 BNS: Hurt on Provocation

Statutory Provision

Section 122 of the Bharatiya Nyaya Sanhita, 2023:

(1) Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both.

(2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both.

Section 122 provides a mitigated punishment for hurt or grievous hurt caused under the influence of grave and sudden provocation. This provision recognizes human frailty—the idea that a person who loses self-control due to severe provocation deserves lesser punishment than one who acts with premeditation.

Conditions for Application

1. Grave and sudden provocation: The provocation must be both serious (grave) and immediate (sudden), leaving no time for passion to cool
2. No intention to harm others: The accused must neither intend nor know themselves to be likely to cause hurt to any person other than the provoker
3. Proportionality: The response must not be disproportionate to the provocation

Exceptions - When This Section Does NOT Apply

The reduced punishment under Section 122 is not available if:

• The provocation was self-induced by the accused as an excuse for causing hurt
• The provocation came from a lawful act by a public servant
• The provocation was given in the exercise of the right of private defence (as per Exception 1 to Section 99 of BNS)

Punishment

Offence	Punishment
Hurt on grave and sudden provocation	Up to 1 month OR ₹5,000 fine OR both
Grievous hurt on grave and sudden provocation	Up to 5 years OR ₹10,000 fine OR both

12. Section 123 BNS: Hurt by Means of Poison

Statutory Provision

Section 123 of the Bharatiya Nyaya Sanhita, 2023:

"Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

Section 123 addresses the administration of poison or harmful substances with the intent to cause hurt or facilitate the commission of an offence. This provision is particularly relevant in cases of attempted poisoning, drug-facilitated crimes, and administration of harmful substances.

Substances Covered

• Poison: Any substance capable of causing injury, illness, or death when ingested, inhaled, or absorbed
• Stupefying substances: Drugs that cause drowsiness, unconsciousness, or mental confusion
• Intoxicating substances: Alcohol or drugs that impair mental faculties
• Unwholesome drugs: Harmful or contaminated medicinal substances
• Other things: Any substance administered with harmful intent

Essential Ingredients

1. Administration: The accused must administer or cause to be taken the substance by the victim
2. Nature of substance: Must be poison, stupefying, intoxicating, or unwholesome drug/thing
3. Intent or Knowledge:
   • Intent to cause hurt to such person, OR
   • Intent to commit or facilitate commission of an offence, OR
   • Knowledge that it is likely to cause hurt

Punishment

Aspect	Details
Maximum Imprisonment	10 years (either description)
Fine	Liable to fine (no upper limit specified)
Nature	Cognizable, Non-bailable
Triable By	Court of Session

Illustrations

Illustration 1: A mixes poison in Z's food with intent to cause Z hurt. A is guilty under Section 123.

Illustration 2: A administers a stupefying drug to Z with intent to facilitate theft of Z's property. A is guilty under Section 123.

13. Section 124 BNS: Grievous Hurt by Use of Acid

Statutory Provision

Section 124 of the Bharatiya Nyaya Sanhita, 2023:

(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 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.

Section 124 represents one of the most stringent provisions in the BNS, addressing the heinous crime of acid attacks. This provision was originally inserted into the IPC in 2013 following the landmark Supreme Court judgment in Laxmi v. Union of India and has been carried forward into the BNS without dilution.

Definition of Acid

Explanation 1: For the purposes of Section 124, "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.

This definition is expansive and covers not just traditional acids like sulphuric acid or nitric acid, but any corrosive or burning substance capable of causing such injuries.

Essential Ingredients

For Section 124(1) - Actual Commission

1. Causing permanent or partial damage, deformity, burns, maiming, disfigurement, or disability
2. By throwing acid, administering acid, or using any other means
3. With intention or knowledge of causing such injury
4. OR causing permanent vegetative state

For Section 124(2) - Attempt

1. Throwing or attempting to throw acid
2. Attempting to administer acid
3. Attempting to use any other means
4. With intention of causing the specified injuries

Punishment

Offence	Punishment	Nature
Acid attack (actual commission)	RI not less than 10 years, up to life + fine (to be paid to victim)	Cognizable, Non-bailable, Non-compoundable
Attempt to commit acid attack	RI not less than 5 years, up to 7 years + fine	Cognizable, Non-bailable, Non-compoundable

Victim Compensation

Section 124 contains a unique provision regarding fine: the fine imposed must be just and reasonable to meet the medical expenses of the victim's treatment, and the entire fine amount shall be paid to the victim. This ensures that acid attack survivors receive financial support for their extensive medical treatment and rehabilitation.

Landmark Cases

Laxmi v. Union of India (2014) 4 SCC 427: The Supreme Court directed regulation of acid sales, mandated compensation for acid attack survivors, and laid down guidelines for rehabilitation. This litigation led to the insertion of Sections 326A and 326B in IPC, now carried forward as Section 124 of BNS.

Parivartan Kendra v. Union of India (2016) 3 SCC 571: The Supreme Court enhanced compensation for acid attack survivors and reinforced the Laxmi guidelines, emphasizing the state's responsibility for rehabilitation.

14. Section 125 BNS: Act Endangering Life or Personal Safety

Statutory Provision

Section 125 of the Bharatiya Nyaya Sanhita, 2023:

"Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two thousand five hundred rupees, or with both, but—

(1) where hurt is caused, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both;

(2) where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both."

Section 125 addresses a different category of offences—those caused not intentionally but through rashness or negligence. This provision consolidates the erstwhile IPC Sections 336, 337, and 338 into a single graded provision with escalating punishment based on the severity of harm caused.

Essential Ingredients

1. Rash or negligent act: The accused must do an act with rashness or negligence (not intentional)
2. Endangerment: The act must endanger human life or personal safety of others
3. Consequence-based grading: Punishment escalates based on whether no hurt, hurt, or grievous hurt is caused

Graded Punishment Structure

Consequence	Punishment	Nature
Base offence: Rash/negligent act endangering life (no hurt caused)	Up to 3 months OR ₹2,500 fine OR both	Cognizable, Bailable
Where hurt is caused	Up to 6 months OR ₹5,000 fine OR both	Cognizable, Bailable
Where grievous hurt is caused	Up to 3 years OR ₹10,000 fine OR both	Cognizable, Bailable

Examples of Rash/Negligent Acts

• Rash driving or riding on a public way
• Negligent handling of dangerous machinery
• Reckless discharge of firearms
• Negligent storage of explosives
• Rash construction or demolition activities
• Negligent medical treatment

15. Complete IPC to BNS Mapping Table

The following comprehensive table provides a complete mapping of all hurt and grievous hurt provisions from the IPC to their corresponding BNS sections:

Concept	IPC Section	BNS Section	Key Changes
Hurt (Definition)	319	114	Verbatim; number only
Voluntarily causing hurt (Definition)	321	115(1)	Consolidated; substance retained
Voluntarily causing hurt (Punishment)	323	115(2)	Same punishment (1 year/₹10,000)
Grievous hurt (Definition)	320	116	8th kind: 20 days changed to 15 days
Voluntarily causing grievous hurt (Definition)	322	117(1)	Verbatim offence definition
Voluntarily causing grievous hurt (Punishment)	325	117(1)	Up to 7 years + fine; exception cross-refers to Sec 122(2)
Grievous hurt causing permanent disability/vegetative state	No equivalent	117(3)	NEW - RI 10 years to life; non-bailable
Grievous hurt by 5+ persons on identity grounds	No equivalent	117(4)	NEW - Up to 7 years + fine; non-bailable
Hurt by dangerous weapons	324	118(1)	Up to 3 years/₹20,000; now non-bailable
Grievous hurt by dangerous weapons	326	118(2)	Life or 1-10 years + fine
Hurt to extort property/constrain to illegal act	327	119(1)	Up to 10 years + fine
Grievous hurt to extort property	329	119(2)	Life or up to 10 years + fine
Hurt to extort confession	330	120(1)	Up to 7 years + fine
Grievous hurt to extort confession	331	120(2)	Up to 10 years + fine
Hurt to deter public servant	332	121(1)	Up to 5 years/fine/both
Grievous hurt to deter public servant	333	121(2)	1-10 years + fine
Hurt on provocation	334	122(1)	Up to 1 month/₹5,000/both
Grievous hurt on provocation	335	122(2)	Up to 5 years/₹10,000/both
Hurt by poison with intent to commit offence	328	123	Up to 10 years + fine
Acid attack (voluntarily causing)	326A	124(1)	RI 10 years to life + fine to victim
Acid attack (attempt)	326B	124(2)	5-7 years + fine
Rash/negligent act endangering life	336	125 (base)	Up to 3 months/₹2,500/both
Rash/negligent act causing hurt	337	125(1)	Up to 6 months/₹5,000/both
Rash/negligent act causing grievous hurt	338	125(2)	Up to 3 years/₹10,000/both

16. Key Changes from IPC to BNS

While the transition from IPC to BNS in the hurt and grievous hurt provisions is primarily a renumbering exercise, there are several significant changes that practitioners must be aware of:

Major Changes

Change	IPC Position	BNS Position	Impact
15-day threshold for grievous hurt	20 days of severe pain/inability (Section 320, 8th kind)	15 days (Section 116, 8th kind)	More injuries now qualify as grievous hurt; 5-day reduction brings borderline cases into higher punishment bracket
Permanent disability/vegetative state	No specific provision	New Section 117(3): RI 10 years to life	Mandatory minimum punishment for most serious cases short of death
Group violence on identity grounds	No specific provision	New Section 117(4): Up to 7 years	Addresses mob violence and hate crimes specifically
Hurt by dangerous weapons	Bailable (Section 324)	Non-bailable (Section 118(1))	Stricter bail conditions; accused cannot claim bail as of right
Consolidation of provisions	Multiple sections for definition, offence, and punishment	Consolidated sections (e.g., Section 117 combines definition and punishment)	Simplified structure; easier to navigate

Procedural Changes

Bailability Changes

• Section 118(1) (hurt by dangerous weapons): Changed from bailable to non-bailable
• Section 117(3) and 117(4): New provisions are non-bailable
• Section 117(2) (base offence): Remains bailable

Trial Court Changes

• Section 117(3) cases: Triable by Court of Session (due to 10-year minimum)
• Section 117(4) cases: Triable by Court of Session
• Section 118(2) cases: Triable by Court of Session
• Section 124 cases: Triable by Court of Session

Transitional Period

Offences committed before 1st July 2024 continue to be governed by the IPC, while offences committed on or after that date fall under the BNS. This means courts are currently running parallel dockets, and practitioners must be proficient in both codes during this transitional period.

17. Important Case Laws

The interpretation of hurt and grievous hurt provisions has been shaped by numerous landmark judgments. While these cases were decided under the IPC, their principles continue to apply under the corresponding BNS provisions:

1. Hori Lal v. State of U.P. (AIR 1970 SC 1969)

Issue: What constitutes a "fracture" under the seventh kind of grievous hurt?

Held: The Supreme Court held that a "fracture" does not require the bone to be broken completely or displaced. A partial break, crack, or hairline fracture is sufficient to bring the injury within the seventh kind of grievous hurt. This holding is crucial as many grievous-hurt cases turn on X-ray evidence showing hairline cracks.

2. Anda v. State of Rajasthan (AIR 1966 SC 148)

Issue: When does grievous hurt shade into culpable homicide?

Held: Where cumulative injuries, including fractures, are sufficient in the ordinary course of nature to cause death, the offence rises above grievous hurt into culpable homicide. The nature and number of injuries, read with intention, decide which side of the line the case falls.

3. Prabhu v. State of M.P. (2008)

Issue: Common intention in grievous hurt cases.

Held: The appellant was initially convicted under Section 302 IPC (murder), but the Supreme Court reduced the conviction to Section 326 (now Section 118 BNS) read with Section 34 IPC (now Section 3(5) BNS) for causing grievous hurt with common intention. The Court found that while co-accused inflicted fatal injuries, Prabhu had only used a stick, and common intention to kill was not established.

4. Laxmi v. Union of India (2014) 4 SCC 427

Issue: Regulation of acid sales and compensation for acid attack survivors.

Held: The Supreme Court directed regulation of acid sales, mandated compensation for survivors, and laid down guidelines for rehabilitation. This litigation led to the insertion of Sections 326A and 326B in IPC, now Section 124 of BNS.

5. Roshan Lal v. State of Haryana (2026)

Issue: Distinction between grievous hurt and attempt to murder.

Held: The Supreme Court held that even a skull-fracturing assault is grievous hurt, not attempt to murder, unless the intention or knowledge to cause death is separately proved. The conviction was moved down from Section 307 IPC (Section 109 BNS) to Section 325 IPC (Section 117 BNS).

Key Principles from Case Law

1. Intention determines the offence: The same physical act can constitute grievous hurt or attempt to murder depending on the accused's intention and knowledge.
2. Medical evidence is crucial: The "grievous" character of hurt must be proved through medico-legal reports and expert testimony, not mere assertion.
3. Fracture includes cracks: A partial break or hairline fracture qualifies as a fracture under the seventh kind of grievous hurt.
4. Permanence requirement: For kinds 2-6 of grievous hurt, the injury must be permanent; temporary impairment does not qualify.
5. Proportionality in provocation: The response must be proportionate to the provocation; excessive retaliation does not get the benefit of Section 122.

18. Conclusion

The provisions relating to hurt and grievous hurt under the Bharatiya Nyaya Sanhita, 2023 (Sections 114 to 125) represent a comprehensive framework for addressing bodily harm in all its forms. While the transition from the IPC to the BNS is primarily a renumbering exercise for most provisions, the new code introduces significant changes that reflect contemporary concerns and modern penal philosophy.

The most notable changes include:

• The reduction of the threshold for grievous hurt from twenty days to fifteen days, bringing more injuries into the higher punishment bracket
• The introduction of Section 117(3) prescribing mandatory minimum punishment of ten years for grievous hurt causing permanent disability or vegetative state
• The addition of Section 117(4) specifically addressing group violence on identity grounds
• Making hurt by dangerous weapons non-bailable, reflecting a stricter approach to weapon-based violence

For legal practitioners, law students, and judicial officers, understanding these provisions in their entirety is essential. The distinction between hurt and grievous hurt, the requirement of voluntariness, the specific kinds of grievous hurt, and the various aggravated forms all play crucial roles in determining the nature of trial, bail eligibility, and the severity of punishment.

The BNS provides an opportunity to reinterpret and enforce these provisions with renewed vigour in line with modern principles of justice, victim rights, and forensic advancements. As the new code settles into practice, judicial interpretations will continue to shape the application of these provisions, ensuring that they serve the twin goals of punishing wrongdoing and protecting society.

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For more detailed analysis of specific sections and related topics, explore our comprehensive articles:

Complete Guide to BNS 2023 Section 114 BNS - Hurt Defined Section 117 BNS - Grievous Hurt Section 119 BNS - Extortion by Hurt Sexual Offences Under BNS Marriage Offences Under BNS Types of Punishments Under BNS Section 14 BNS Explained Section 16 BNS - Court Orders Download BNS Bare Act (PDF)

Disclaimer

This article is for informational and educational purposes only and does not constitute legal advice. Laws, provisions, and their interpretations are subject to change, and the application of the Bharatiya Nyaya Sanhita, 2023 depends on the specific facts of each case. For advice on a particular matter, please consult a qualified legal practitioner.