Section 117 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 117 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offence of voluntarily causing grievous hurt. It outlines the conditions under which an individual is considered to have intentionally inflicted serious harm on another person and specifies the corresponding punishments.
📜 Text of Section 117
Section 117. Voluntarily causing grievous hurt
Definition of the Offence
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: A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.(prashantkanha.com)
Illustration: A, intending or knowing 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.(thebharatiyanyayasanhita.in)
Punishment for Voluntarily Causing Grievous Hurt
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.
Enhanced Punishment for Severe Consequences
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.
Group Offence Based on Discriminatory Grounds
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.
⚖️ Key Points
Intent and Knowledge: The individual must either intend to cause grievous hurt or know that their actions are likely to cause such harm.
Grievous Hurt: The harm caused must meet the legal definition of grievous hurt, which includes injuries like permanent disfigurement, loss of a limb, or injuries that endanger life.(vakilsearch.com)
Punishment: The standard punishment is imprisonment for up to seven years and a fine. However, if the victim suffers permanent disability or enters a persistent vegetative state, the punishment increases to a minimum of ten years' rigorous imprisonment, extendable to life imprisonment.
Group Offences: If five or more individuals cause grievous hurt to someone based on discriminatory grounds (e.g., race, caste, sex), each participant is liable for the offence and subject to the same punishment.(indiankanoon.org)
🔄 Comparison with IPC
Section 117 of the BNS, 2023, aligns with Section 325 of the Indian Penal Code (IPC), which deals with voluntarily causing grievous hurt. However, the BNS introduces additional provisions:(prashantkanha.com)
Enhanced Punishment: The BNS specifies a minimum term of ten years' rigorous imprisonment for cases resulting in permanent disability or persistent vegetative state, whereas the IPC does not have such a provision.(bharatiyanyayasanhita.online)
Group Offences: The BNS explicitly addresses group offences based on discriminatory grounds, holding each participant accountable, which is not specifically outlined in the IPC.
🧠 Practical Implications
Section 117 serves as a deterrent against intentional infliction of serious harm, particularly in cases where the victim suffers lasting consequences. The inclusion of provisions for group offences based on discriminatory grounds underscores the law's commitment to addressing hate-driven violence and ensuring accountability for all participants.
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