Section 121 BNS: Voluntarily Causing Hurt or Grievous Hurt to Deter a Public Servant from Duty
Section 121 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with voluntarily causing hurt or grievous hurt to a public servant while the public servant is discharging official duty, with the intention of preventing or deterring official duty, or because of something lawfully done or attempted in the discharge of that duty.
Text and Effect of Section 121 BNS
Section 121(1): Hurt to a public servant
A person who voluntarily causes hurt to a public servant in the discharge of official duty, or does so to prevent or deter that public servant or another public servant from discharging official duty, or in consequence of anything lawfully done or attempted by that public servant in the discharge of duty, may be punished with imprisonment of either description for a term extending up to five years, or with fine, or with both.
Section 121(2): Grievous hurt to a public servant
Where grievous hurt is voluntarily caused in the circumstances described above, the punishment is imprisonment of either description for a term of not less than one year and up to ten years, together with fine.
Essential Ingredients of Section 121
For Section 121 to apply, the facts must ordinarily establish the following statutory elements:
- hurt or grievous hurt was voluntarily caused;
- the injured person was a public servant;
- the conduct was connected with the public servant's discharge of official duty; and
- the act was committed while the public servant was performing that duty, to prevent or deter official duty, or because of an act lawfully done or attempted in the discharge of that duty.
Meaning of Hurt and Grievous Hurt under the BNS
Hurt - Section 114 BNS
Under Section 114 BNS, hurt refers to causing bodily pain, disease or infirmity to a person.
Voluntarily causing hurt - Section 115 BNS
Section 115 treats hurt as voluntarily caused where a person acts with the intention of causing hurt, or with knowledge that the act is likely to cause hurt, and hurt is in fact caused.
Grievous hurt - Section 116 BNS
Section 116 specifies the legally recognised categories of grievous hurt. These include emasculation; permanent loss of sight or hearing; loss of a member or joint; permanent impairment of a member or joint; permanent disfigurement of the head or face; fracture or dislocation of a bone or tooth; and hurt that endangers life or causes severe bodily pain, or inability to follow ordinary pursuits, for fifteen days.
Who Is a Public Servant?
Section 2(28) BNS contains a detailed definition of "public servant". It covers, among others, commissioned officers of the Armed Forces, Judges, specified officers of Courts, certain Government officers, persons performing specified public duties, and persons serving or paid by Government, local authorities, statutory corporations or Government companies in the circumstances stated in the definition.
Punishment under Section 121 BNS
| Section 121(1) | Hurt to deter or retaliate against a public servant in relation to lawful official duty: imprisonment up to 5 years, or fine, or both. |
|---|---|
| Section 121(2) | Grievous hurt in the same circumstances: imprisonment from 1 year up to 10 years, and fine. |
Why the Link with Lawful Official Duty Matters
Section 121 is not merely an aggravated hurt provision based on the victim's job title. The statutory connection with public duty is central. The section expressly refers to a public servant in the discharge of duty, an intention to prevent or deter the discharge of duty, or retaliation for something done or attempted in the lawful discharge of duty.
Related BNS Provisions
- Section 122 BNS - Voluntarily causing hurt or grievous hurt on provocation
- Section 123 BNS - Causing hurt by means of poison, etc., with intent to commit an offence
- Section 124 BNS - Voluntarily causing grievous hurt by use of acid, etc.
- Section 125 BNS - Act endangering life or personal safety of others
- Section 126 BNS - Wrongful restraint
- Section 127 BNS - Wrongful confinement
- Section 128 BNS - Force
- Section 129 BNS - Criminal force
- Section 130 BNS - Assault
Official Legal Sources
For the authoritative text and commencement notification, refer to the official Government sources below.
This page is intended as a general legal information resource. For a particular case, the exact allegations, evidence, procedural law and current judicial interpretation should be examined.