Section 117 BNS - Voluntarily Causing Grievous Hurt
Section 117 of the Bharatiya Nyaya Sanhita, 2023 (BNS) explains when grievous hurt is caused voluntarily and prescribes punishment for the ordinary offence as well as aggravated forms involving permanent disability, a persistent vegetative state, or group-based grievous hurt on specified grounds.
Text and Meaning of Section 117 BNS
Section 117(1): A person is said to voluntarily cause grievous hurt when the person voluntarily causes hurt, intends to cause grievous hurt or knows that grievous hurt is likely to be caused, and the hurt actually caused is grievous hurt.
The Explanation makes clear that grievous hurt is not caused voluntarily unless the person both causes grievous hurt and has the necessary intention or knowledge. However, liability is not avoided merely because the kind of grievous hurt actually caused is different from the kind intended or known to be likely.
Illustration: If A intends, or knows it to be likely, that a blow will permanently disfigure Z's face, and the blow instead causes Z severe bodily pain for fifteen days, A has voluntarily caused grievous hurt because the resulting injury still falls within the statutory definition of grievous hurt.
What Is Grievous Hurt Under Section 116 BNS?
Section 117 must be read with Section 116 BNS, which defines the injuries that alone are designated as grievous hurt. These include:
- 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 impairment 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 that endangers life, or causes the sufferer to remain in severe bodily pain or unable to follow ordinary pursuits for fifteen days.
The fifteen-day period in clause (h) is an important feature of the BNS definition and should be considered when assessing whether an injury falls within Section 116.
Punishment Under Section 117 BNS
| Provision | Conduct covered | Punishment |
|---|---|---|
| Section 117(2) | Voluntarily causing grievous hurt, except the case provided in Section 122(2) | Imprisonment of either description for up to seven years, and fine |
| Section 117(3) | Commission of the offence under Section 117(1) causing permanent disability or a persistent vegetative state | Rigorous imprisonment for not less than ten years, which may extend to imprisonment for life for the remainder of the person's natural life |
| Section 117(4) | Grievous hurt caused by a group of five or more persons acting in concert on specified grounds | Imprisonment of either description for up to seven years, and fine, for each member of the group |
Section 117(3): Permanent Disability or Persistent Vegetative State
Section 117(3) creates a substantially more serious punishment where the offence under Section 117(1) results in permanent disability or a persistent vegetative state. The punishment is rigorous imprisonment for a minimum of ten years and may extend to imprisonment for life, meaning imprisonment for the remainder of the offender's natural life.
Section 117(4): Grievous Hurt by a Group of Five or More Persons
Where five or more persons act in concert and cause grievous hurt to a person on the ground of race, caste or community, sex, place of birth, language, personal belief, or any other similar ground, every member of the group is guilty of causing grievous hurt under Section 117(4). Each member may be punished with imprisonment of either description for up to seven years and fine.
Exception Referenced in Section 117(2): Section 122(2)
Section 117(2) expressly excludes the case provided for in Section 122(2) BNS. Section 122(2) separately deals with voluntarily causing grievous hurt on grave and sudden provocation where the offender neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation. That provision carries a different punishment.
Essential Ingredients of Section 117(1)
For Section 117(1) to apply, the facts must establish both the serious nature of the injury and the required mental element. In practical terms, the prosecution must establish that grievous hurt as defined by Section 116 was actually caused, and that the accused intended to cause grievous hurt or knew grievous hurt was likely to result. The statutory explanation also makes clear that the precise type of grievous injury need not be the same type that was intended or foreseen.
Related BNS Provisions
- Section 114 - Hurt
- Section 115 - Voluntarily causing hurt
- Section 116 - Grievous hurt
- Section 118 - Voluntarily causing hurt or grievous hurt by dangerous weapons or means
- Section 122 - Voluntarily causing hurt or grievous hurt on provocation
Frequently Asked Questions
What does Section 117 BNS punish?
It punishes voluntarily causing grievous hurt and also provides aggravated punishment for specified serious consequences and group-based grievous hurt.
Where is grievous hurt defined?
Grievous hurt is defined in Section 116 BNS. Section 117 should therefore be read together with Section 116.
What is the ordinary punishment under Section 117(2)?
The punishment may extend to seven years' imprisonment of either description, and the offender is also liable to fine, except where the case falls under Section 122(2).
When did Section 117 BNS come into force?
Section 117 came into force on 1 July 2024 along with the relevant provisions of the Bharatiya Nyaya Sanhita, 2023.