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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.
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'
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.
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.
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:
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/ Subsections | Subject | 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”. |
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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