BNS Section 117 – Voluntarily causing grievous hurt
IPC Section – 322 – 325
Voluntarily causing grievous hurt
(1)Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”.
(2) Whoever, except in the case provided for by sub-section
(3), 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.
Explanation
A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
Illustrations
A, intending of knowing himself to be likely permanently to 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 the space of fifteen days. A has voluntarily caused grievous hurt.
(3) Whoever commits an offence under sub-section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.
(4) When grievous hurt of a person is caused by a group of five or more persons on the ground of his, race, caste, sex, place of birth, language, personal belief or any other ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Example:
Vijay with the intention to cause grievous hurt to Rakesh, cuts off his leg. Vijay is guilty under this Section.
Key Points in BNS-117: Voluntarily Causing Grievous Hurt
Definition of “Voluntarily Causing Grievous Hurt”
- Act and Intent: A person is said to “voluntarily cause grievous hurt” when:
- They intend to cause grievous hurt or know that their actions are likely to cause grievous hurt.
- The harm actually inflicted is classified as grievous hurt, which refers to more severe physical injury such as permanent disfigurement, severe pain, or long-term impairment.
Punishment for Voluntarily Causing Grievous Hurt
- General Punishment: A person convicted of voluntarily causing grievous hurt (excluding special circumstances) may face:
- Imprisonment of either description (rigorous or simple) for a term that may extend to seven years.
- A fine, in addition to imprisonment.
- Exception:
- There is an exception mentioned under sub-section (3), though not detailed here, which likely deals with specific scenarios where different penalties apply.
Summary
- Voluntarily Causing Grievous Hurt: This occurs when someone intends to or knows they are likely to cause grievous injury, and such injury results.
- Penalties: Up to seven years imprisonment and a fine, with certain exceptions under sub-section (3).
Details of the Offense
- Offense: Voluntarily causing grievous hurt
Punishment: Imprisonment for 7 years and a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Bailable
By what Court triable: Any Magistrate
- Offense: Grievous hurt caused by a group of 5 or more persons
Punishment: Imprisonment for 7 years and a fine
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
This provision, under the Bharatiya Nyaya Sanhita, ensures that those who intentionally cause grievous injury are held accountable, with appropriate penalties to deter such acts of violence.
