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.

Section 116 - Grievous hurt

The following kinds of hurt only are designated as "grievous", namely:

  1. Emasculation;
  2. Permanent privation of the sight of either eye;
  3. Permanent privation of the hearing of either ear;
  4. Privation of any member or joint;
  5. Destruction or permanent impairing of the powers of any member or joint;
  6. Permanent disfiguration of the head or face;
  7. Fracture or dislocation of a bone or tooth;
  8. 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.

Current-law note: The Bharatiya Nyaya Sanhita, 2023 came into force on July 1, 2024, except Section 106(2). Section 116 is therefore part of the operative BNS framework.

Related BNS provisions on hurt

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.