BNS Section 116 : Grievous Hurt

Definition of BNS Section 116

Section 116 of the BNS 2023 States:

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.

Explanation and Illustration of BNS Section 116

This Section emphasises the seriousness of such acts by prescribing stringent penalties, including substantial imprisonment. It aims to protect individuals from severe physical harm, ensuring that those who cause grievous injury are held accountable. Here is a detailed explanation for the same:

• Intent or Knowledge: The act must be committed intentionally or with knowledge that grievous hurt is likely to be caused
• Seriousness of Injury: The injury must fall under the legally defined categories of grievous hurt.

• Punishment:

  • Imprisonment: This may extend up to 7 years
  • Fine: The accused may also be liable to pay a fine
  • Combination of Both: Both imprisonment and a fine may be imposed.

• Examples
  
  Imagine Person A gets into a fight with Person B and strikes B in the face with a heavy object. As a result, Person B suffers a permanent disfiguration of the head or face, which is considered grievous hurt under Section 116 of the BNS 2023.
  
  This type of injury is classified as ‘grievous’ because it leads to permanent damage to a person's appearance. Person A could be charged with causing grievous hurt, which carries more severe penalties than simple hurt.
  
  Similarly, if Person B suffered a fracture or dislocation of a bone during the fight, this would also be classified as grievous hurt under Section 116.

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