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Section 117 of BNS is part of Chapter 6 - Offences affecting the human body of offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses the crime of voluntarily causing grievous hurt. This section criminalises actions where an individual intentionally inflicts serious bodily harm upon another person, resulting in injuries that are severe and potentially life-altering.

Definition of BNS Section 117

Section 117 of the BNS 2023 States:

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'

Explanation and Illustration of BNS Section 117

A person is considered to have voluntarily caused grievous hurt only if they both cause serious injury and either intend to cause it or know it is likely to happen. However, if a person intends or knows they are likely to cause one type of serious injury but actually causes a different type, they are still considered to have voluntarily caused grievous hurt.

Illustration.

  • A, intending to know 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.
  • (2)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.
  • (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 a group of five or more persons acting in concert, causes grievous hurt to a person on the ground of his race, caste or community, sex, place of birth, language, personal belief or any other similar 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.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points in Section 117

By imposing strict penalties for those found guilty, including long-term imprisonment, Section 117 serves as a deterrent against violent behavior. It ensures that individuals who intentionally cause serious injuries are held accountable, promoting justice and safety within the community.

Definition of 'Voluntarily Causing Grievous Hurt':

Act and Intent: A person is considered to have 'voluntarily caused grievous hurt' when:

  • They either intend to cause grievous hurt or are aware that their actions are likely to result in grievous harm
  • The harm actually inflicted meets the legal definition of grievous hurt.

  • Grievous Hurt: This term refers to more severe physical injuries as defined by law, which may include permanent disfigurement, intense pain, or long-lasting impairment.

    Punishment for Voluntarily Causing Grievous Hurt:

    General Punishment: A person found guilty of voluntarily causing grievous hurt (excluding special circumstances) may face:
  • Imprisonment, either rigorous or simple, for up to seven years
  • A fine, in addition to imprisonment.

  • Exception: There is an exception mentioned under sub-section (3), which likely addresses specific cases where different penalties may apply.

      Differences Between Section 117 of BNS and its Equivalent IPC Section

      This section outlines the key differences between Section 117 of BNS and its equivalent IPC section 322 to 325 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

      BNS Sections/ SubsectionsSubject IPC Sections Summary of comparison
      117 (1)Voluntarily causing grievous hurt punishment. 322 No change.
      117 (2)Punishment for voluntarily causing grievous hurt.325 Formal changes but essence is the same.
      117 (3)Voluntarily causing grievous hurt. -New addition. “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”.
      117 (4)Voluntarily causing grievous hurt.-New addition. “When a group of five or more persons acting in concert, causes grievous hurt to a person on the ground of his race, caste or community, sex, place of birth, language, personal belief or any other similar 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”.

      Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

      Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

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      FAQs about Section 117 of the Bharatiya Nyaya Sanhita (BNS)

      If five or more persons cause grievous hurt to an individual based on discriminatory grounds, each member of the group can be punished with up to seven years of imprisonment and a fine.
      The law specifies that grievous hurt caused by a group can involve factors like race, caste, community, sex, place of birth, language, or personal belief​.
      Grievous hurt involves more severe injuries with lasting consequences, while simple hurt refers to less severe injuries not resulting in permanent damage​.
      No, the section requires the person to either intend to cause grievous hurt or to know that their actions are likely to cause such harm​.
      Yes, the offence of voluntarily causing grievous hurt is cognisable, meaning the police can arrest the accused without a warrant​.
      Yes, the offense is bailable, meaning the accused may be granted bail upon arrest​.
      The offence is triable in any Magistrate's court​.
       section 117 of bns

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