BNS Section 116 – Grievous hurt

Amit Kapoor07 mins

IPC Section – 320

Note: In section 116 of the BNS, 2023 the number of
days provided for the sufferer in severe bodily pain for
the purpose of ‘grievous hurt’ has been reduced from
’20 days’ to ’15 days’. It is done keeping in view the
advancement in the medical treatment which provides
quicker recovery.

Grievous hurt

The following kinds of hurt only are designated as “grievous”, namely:

(a) Emasculation.
(b) Permanent privation of the sight of either eye.
(c) Permanent privation of the hearing of either ear.
(d) Privation of any member or joint.
(e) Destruction or permanent impairing of the powers of any member or joint.
(f) Permanent disfiguration of the head or face.
(g) Fracture or dislocation of a bone or tooth.
(h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.

Key Points: Grievous Hurt Defined

Grievous Hurt

Grievous hurt refers to specific types of injuries that result in permanent damage or cause the victim to suffer severe pain or incapacitation for an extended period. It is a more serious form of injury than regular hurt and often leads to long-term or life-threatening consequences.

Types of Grievous Hurt

Section 114 of the Bharatiya Nyaya Sanhita lists several injuries that are classified as grievous. These injuries are considered serious due to their impact on the victim’s physical and emotional well-being.

Detailed Explanation of Each Type of Grievous Hurt

  1. Emasculation (Clause a)
    • Emasculation refers to the permanent loss or injury to a man’s reproductive organs, resulting in an inability to perform sexual functions.
    • This injury is considered grievous due to its significant impact on both the physical and emotional well-being of the victim.
  2. Permanent Privation of the Sight of Either Eye (Clause b)
    • Privation of sight refers to the permanent loss of vision in one or both eyes, leading to blindness.
    • This type of injury drastically affects the quality of life and the victim’s ability to function in daily life.
  3. Permanent Privation of the Hearing of Either Ear (Clause c)
    • The permanent loss of hearing in one or both ears is also classified as grievous hurt.
    • This injury severely impacts a person’s ability to communicate and engage with their environment.
  4. Privation of Any Member or Joint (Clause d)
    • Privation refers to the loss of use of any limb or joint, such as the amputation or permanent loss of movement in a hand, foot, or other body part.
    • This injury severely impacts a person’s mobility and physical capabilities.
  5. Destruction or Permanent Impairing of the Powers of Any Member or Joint (Clause e)
    • This refers to the permanent impairment or destruction of the functionality of any body part or joint, such as a limb or finger.
    • Even without the removal of a body part, conditions like paralysis are considered grievous hurt.
  6. Permanent Disfiguration of the Head or Face (Clause f)
    • Disfigurement refers to permanent injuries that alter the appearance of the head or face, such as scars, burns, or other injuries that cause noticeable changes.
    • Since disfigurement affects a person’s identity and can have long-lasting psychological effects, it is classified as grievous hurt.
  7. Fracture or Dislocation of a Bone or Tooth (Clause g)
    • Fractures or dislocations of bones or teeth are regarded as grievous hurt.
    • These injuries are considered serious due to the pain, healing time, and potential long-term consequences on the body.
  8. Hurt Endangering Life or Incapacitating the Victim for 15 Days (Clause h)
    • Any hurt that endangers life or causes the victim to suffer severe pain or be unable to follow their ordinary pursuits for 15 days or more is considered grievous hurt.
    • This includes injuries that cause extreme pain or disrupt the victim’s life, even if they do not result in permanent disability.

Conclusion

The classification of grievous hurt in the Bharatiya Nyaya Sanhita serves to address injuries that cause long-term or serious harm to a person’s physical, emotional, or mental well-being. It emphasizes the severity of these types of injuries, which require a distinct legal response due to their profound consequences on the victim’s life.

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