BNS Section 119 : Voluntarily Causing Hurt or Grievous Hurt to Extort Property, or to Constrain to an Illegal Act

Definition of BNS Section 119

Section 119 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 119

Section 119 of the Bharatiya Nyaya Sanhita 2023 criminalizes causing hurt or grievous hurt through the use of dangerous instruments or substances. This provision covers a wide range of harmful actions, including using firearms, sharp objects like knives or swords, or any tools that are likely to cause death when used as weapons. It also extends to harm caused through fire, heated substances, poisons, corrosive materials, explosives, harmful inhalants, or even animals. The law distinguishes between "hurt" (minor injuries) and "grievous hurt" (severe or permanent damage).

• Punishments:

  • For causing hurt: The offender may face imprisonment for up to 3 years, a fine up to ₹20,000, or both.
  • For causing grievous hurt: The punishment is more severe, with imprisonment ranging from 1 year to 10 years, or even life imprisonment in extreme cases, along with a fine.

• Examples:

  • Use of Firearm: A person shoots another in the leg, causing permanent disability. This act would be covered under Section 119(2) for causing grievous hurt by using a weapon likely to cause death. The offender could be sentenced to a term of imprisonment from 1 year to 10 years and be required to pay a fine.
  • Use of a Knife: If a person stabs another in the stomach during a robbery attempt, causing severe internal injuries, it would be considered grievous hurt. The offender would face imprisonment for up to 10 years, along with a fine.
  • Burns from Heated Substance: A person deliberately pours boiling water on someone else, resulting in severe burns. This action would be treated under Section 119(1), where the offender could face up to 3 years in prison or a fine up to ₹20,000 for causing hurt, or harsher punishment if grievous harm is caused.
  • Poisoning: If an individual poisons another person’s drink with the intention of causing harm, and the victim survives with permanent damage, it would be classified as grievous hurt. The person who administered the poison could face life imprisonment under Section 119(2).
  • Animal Attack: If a person intentionally sends a trained dog to attack another, causing serious injuries such as deep bites or limb loss, it would be treated as grievous hurt under Section 119(2). The offender could face 1 to 10 years of imprisonment, along with a fine.

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