Section 119 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 119 of the Bharatiya Nyaya Sanhita (BNS), 2023: Voluntarily Causing Hurt or Grievous Hurt to Extort Property or to Constrain to an Illegal Act
Section 119 of the BNS, 2023, criminalizes the act of voluntarily causing hurt or grievous hurt with the specific intent to extort property or valuable security, or to compel the sufferer or any person interested in the sufferer to do anything illegal or to facilitate the commission of an offense.
📜 Text of Section 119
Section 119: Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act
Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offense, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
⚖️ Legal Implications
Intent Requirement: The offense requires that the hurt or grievous hurt be caused with the specific intent to extort property or valuable security, or to compel the sufferer or any person interested in the sufferer to do anything illegal or to facilitate the commission of an offense.
Punishments:
For causing hurt: Imprisonment for a term which may extend to ten years, and also liable to fine.
For causing grievous hurt: Imprisonment for life, or imprisonment for a term which may extend to ten years, and also liable to fine
Cognizability and Bailability:
The offense is cognizable, meaning a police officer can arrest without a warrant.
The offense is non-bailable, meaning the accused cannot obtain bail as a matter of right.
Court of Trial:
The offense under sub-section (1) is triable by a Magistrate of the first class.
The offense under sub-section (2) is triable by a Court of Session
🧭 Comparison with Indian Penal Code (IPC)
Section 119 of the BNS corresponds to Section 327 of the Indian Penal Code (IPC), which also deals with voluntarily causing hurt or grievous hurt to extort property or to constrain to an illegal act. The provisions and penalties under both sections are aligned, emphasizing the legal system's commitment to addressing such offenses with appropriate severity. ]
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