BNS Section 124 : Voluntarily Causing Grievous Hurt by Use of Acid, etc.
Section 124 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of Voluntarily Causing Grievous Hurt by Use of Acid, etc., specifying the act of intentionally inflicting severe harm using corrosive substances like acid or other harmful chemicals.
Definition of BNS Section 124
Section 124 of the BNS 2023 States:
Whoever causes permanent or partial damage or deformity to, or burns or
maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other
means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt or causes a person to be in a permanent vegetative state shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Explanation and Illustration of BSN Section 124
- Explanation 1 — For the purposes of this section, 'acid' refers to any substance with acidic or corrosive properties, or any substance with a burning nature, capable of causing bodily harm that results in scars, disfigurement, or temporary or permanent disability.
- Explanation 2 — For the purposes of this section, permanent or partial damage, deformity, or a permanent vegetative state does not need to be irreversible.
Key Points in Section 124
- Severity of Offense: This provision focuses on the fact that the use of acid or similar corrosive substances to cause grievous injuries would have the effect of protecting individuals from violent attacks and strengthening legal deterrence.
- Scope of Offense: This covers acts which cause grievous injuries like burns, deformities, and disabilities, especially through the use of acid or similar harmful substances.
- Grievous Hurt: Injuries, which cause permanent damage or disfigurement or result in permanent incapacity, are also those that lead to a permanent vegetative state.
- Intent and Knowledge: The offender intended to cause grievous hurt or knows that grievous hurt will probably result from his action, including a reckless disregard of the likely result.
- Punishment: Section 124(1) prescribes a minimum of ten years' imprisonment up to life imprisonment. The fine is also recovered to partly pay for the medical expenses of the victim.
- Attempted Offense: Section 124(2) applies to attempts to cause grievous harm with acid, carrying penalties of 5 to 7 years of imprisonment and fines.
- Deterrent Effect: The acid attack is intended to be a deterrent, especially on women, by providing harsh penalties for such heinous crimes.
- Victim-Centered Approach: Fines are given to the medical treatment of the victim so that the legal system is seen to support victims of such life-altering crimes.
Differences Between Section 124 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 124 of BNS and its equivalent IPC section 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 |
|---|---|---|---|
| 124 (1) | Voluntarily causing grievous hurt by use of acid etc | 326A | The IPC section is included as a subsection in BNS. Words 'causes a person to be in a permanent vegetative state' are added in Section 124(1) of the BNS |
| 124 (2) | Voluntarily causing grievous hurt by throwing or attempting to throw acid. | 326B | IPC section is included as a sub-section in BNS, sans heading. Words “permanent vegetative state” are added |
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FAQs about Section 124 of the Bharatiya Nyaya Sanhita (BNS)
Does Section 124 cover all forms of acid attacks?
Yes, Section 124 covers all forms of acid attacks, including those involving any acid or corrosive substance intended to cause grievous harm.
Can Section 124 be applied if the harm is not permanent?
Yes, Section 124 can be applied even if the harm caused is not permanent. The law considers both temporary and permanent injuries, as long as the harm is severe enough to cause grievous hurt, including injuries that may result in temporary disability or scarring.
What is the role of the fine under Section 124?
The fine imposed under Section 124 is intended to provide financial support to the victim for their medical expenses. The amount of the fine is not fixed but must be 'just and reasonable,' reflecting the severity of the crime.
Is the punishment the same if the acid attack is on a third party?
Yes, the punishment remains the same regardless of whether the acid is intended for the victim or a third party. The law holds individuals accountable for voluntarily causing grievous harm using acid or similar substances, and the severity of the offense is based on the injury caused.
Can a person be punished for using acid without actually causing injury?
Yes, if an individual attempts to use acid with the intent to cause grievous harm, they can be punished under Section 124, even if the injury does not occur. The law focuses on the intent and the act of attempting to cause harm with acid or similar substances.
How does Section 124 ensure justice for the victim?
Section 124 ensures justice for the victim by holding offenders accountable through severe penalties and by mandating that fines be paid directly to the victim. This provides the victim with compensation for medical treatment.
Does Section 124 apply to all types of grievous hurt?
No, Section 124 specifically addresses grievous hurt caused by acid or similar corrosive substances. While other sections of the BNS may cover different forms of grievous hurt, Section 124 uniquely targets the use of acid or chemicals to inflict severe and lasting harm, with particular focus on disfigurement and disability.
