BNS Section 118 – Voluntarily causing hurt or grievous hurt by dangerous weapons or means
IPC Section – 324 – 326
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 120, 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 120, voluntarily causes grievous hurt by any means referred to in subsection (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.
Key Points: Voluntarily Causing Hurt or Grievous Hurt by Dangerous Weapons or Means
Voluntarily Causing Hurt or Grievous Hurt
This section focuses on cases where the offender intentionally causes hurt or grievous hurt using dangerous weapons or other harmful substances. It distinguishes between causing simple hurt and grievous hurt, with separate punishments for each, depending on the nature of the injury and the means used.
Use of Dangerous Weapons or Means
The section defines the use of specific weapons and substances that are considered particularly dangerous and, when used, enhance the severity of the offense. These include:
- Instruments for shooting, stabbing, or cutting.
- Any instrument that, when used as a weapon, is likely to cause death.
- Fire or any heated substance.
- Poison, corrosive substances, or explosive substances.
- Substances that are deleterious (harmful) to the human body if inhaled, swallowed, or absorbed into the blood.
- The use of animals as a means to cause harm.
Two Categories of Offenses
- Sub-section (1): Voluntarily Causing Hurt
- When a person causes hurt (bodily pain, disease, or infirmity) using the dangerous weapons or means described above, the offense is categorized under this sub-section.
- Punishment: Imprisonment for up to three years, or a fine of up to ₹20,000, or both.
- Sub-section (2): Voluntarily Causing Grievous Hurt
- When the hurt caused is grievous in nature (i.e., more serious injuries like loss of body parts, permanent disfigurement, etc.), the punishment becomes more severe.
- Punishment: Life imprisonment, or imprisonment of not less than one year, which may extend to ten years, along with a fine.
Details of the Offense
- Offense: Voluntarily causing hurt by dangerous weapons or means
Punishment: Imprisonment for 3 years, or fine of ₹20,000, or both
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Any Magistrate
- Offense: Voluntarily causing grievous hurt by dangerous weapons or means (except as provided in section 122(2))
Punishment: Life imprisonment, or imprisonment for not less than 1 year, which may extend to 10 years, and fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Magistrate of the first class
This provision, under the Bharatiya Nyaya Sanhita, ensures that the use of dangerous weapons or means to intentionally cause harm is met with severe penalties, reflecting the seriousness of such offenses.
