BNS Section 118 : Voluntarily Causing Hurt or Grievous Hurt by Dangerous Weapons or Means
Section 118 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It deals with the crime of voluntarily causing hurt or grievous hurt by dangerous weapons or means. This provision criminalises actions where an individual intentionally inflicts harm or serious injury upon another person using dangerous weapons or other hazardous means.
Definition of BNS Section 118
Section 118 of the BNS 2023 States:
(1) Whoever, except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both.
(2)Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt by any means referred to in sub–section (1), shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.
Explanation and Illustration of BNS Section 118
With stringent penalties, including imprisonment, Section 118 seeks to deter the use of dangerous methods in violent acts, reinforcing the commitment to justice and security within society.
Voluntarily Causing Hurt or Grievous Hurt: This provision addresses situations where an individual intentionally causes either hurt or grievous hurt by using dangerous weapons or harmful substances. It differentiates between simple hurt and grievous hurt, prescribing distinct punishments based on the severity of the injury and the methods employed.
Use of Dangerous Weapons or Means: The section outlines specific weapons and substances that, when used in the commission of an offense, increase its severity. These include:
Two Categories of Offenses:
Key Points in Section 118
Recognising the severity of such acts, Section 118 aims to safeguard public safety by holding individuals accountable for using deadly tools or methods to cause harm. Here is a detailed explanation for the same:
Voluntary Action: The act must be intentional or done with the knowledge that hurt or grievous hurt is likely to be caused
Use of Dangerous Weapons or Means: The injury must be inflicted by weapons or means that are inherently dangerous or capable of causing significant harm. Examples of such dangerous means can include:
Types of Injury:
Punishment:
Differences Between Section 118 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 118 of BNS and its equivalent IPC section 324 and 326 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 |
|---|---|---|---|
| 118 (1) | Voluntarily causing hurt or grievous hurt by dangerous weapons or means | 324 | IPC section is included as a sub-section in BNS. Fine is increased which may extend to twenty thousand rupees and words ‘grievous hurt' are added in heading and |
| 118 (2) | Voluntarily causing hurt or grievous hurt by dangerous weapons or means. | 326 | IPC section is included as a sub-section in BNS sans heading. Mandatory minimum imprisonment for one year is added. |
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FAQs about Section 118 of the Bharatiya Nyaya Sanhita (BNS)
What is the intent required under Section 118 for punishment?
The person must intentionally cause harm using dangerous means like weapons, fire, poison, or explosives.
Can Section 118 be used in cases of complicity or abetment?
Yes, it applies to anyone who aids, abets, or assists in causing harm through dangerous means.
How does Section 118 promote justice in the criminal justice system?
It deters harmful actions by punishing the use of dangerous instruments or substances to cause harm.
Does Section 118 require a specific form of knowledge?
Yes, the person must know their actions are likely to cause harm or death.
Can Section 118 apply to minors?
Yes, but penalties may differ based on the minor's age and maturity.
What types of Weapons or substances are covered under Section 118?
It covers weapons (firearms, knives), fire, poisons, explosives, and any harmful substances.
What are the punishments for causing grievous hurt under Section 118?
The punishment ranges from life imprisonment to a term of 1-10 years, along with fines.
