Section 116 BNS: Grievous Hurt
Section 116 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines the injuries that the law treats as "grievous hurt". The provision is a definition section: it identifies eight specific categories of hurt that qualify as grievous.
The following kinds of hurt only are designated as "grievous", namely:
- Emasculation;
- Permanent privation of the sight of either eye;
- Permanent privation of the hearing of either ear;
- Privation of any member or joint;
- Destruction or permanent impairing of the powers of any member or joint;
- Permanent disfiguration of the head or face;
- Fracture or dislocation of a bone or tooth;
- Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.
What Section 116 BNS means
Section 116 limits "grievous hurt" to the eight listed categories. An injury may be serious in ordinary language, but for the specific statutory classification under Section 116 it must fall within one or more of these categories.
The provision covers permanent loss of sight or hearing, loss or permanent impairment of a member or joint, permanent facial or head disfigurement, fracture or dislocation of a bone or tooth, and certain injuries that endanger life or cause severe bodily pain or inability to follow ordinary pursuits for fifteen days.
Section 116 is a definition provision
Section 116 itself defines grievous hurt and does not prescribe the general punishment for voluntarily causing grievous hurt. The connected offence and punishment are principally dealt with in Section 117 BNS. Depending on the manner, weapon, purpose or circumstances of the act, other provisions may also apply.
Related BNS provisions on hurt
- Section 114 - Hurt
- Section 115 - Voluntarily causing hurt
- Section 117 - Voluntarily causing grievous hurt
- Section 118 - Hurt or grievous hurt by dangerous weapons or means
- Section 119 - Hurt or grievous hurt to extort property or constrain an illegal act
- Section 120 - Hurt or grievous hurt to extort confession or compel restoration of property
Frequently asked questions
Is a fracture grievous hurt under BNS?
Yes. Section 116 expressly includes fracture or dislocation of a bone or tooth within the statutory definition of grievous hurt.
Does Section 116 prescribe punishment?
No. Section 116 defines grievous hurt. The punishment for voluntarily causing grievous hurt is addressed in Section 117, subject to the facts and any other applicable BNS provision.
How long must severe bodily pain continue under Section 116?
Clause (h) refers to severe bodily pain for fifteen days, or inability to follow ordinary pursuits for that period, as one of the statutory routes by which hurt may qualify as grievous.