OFFENCES RELATING TO HURT (SECTION 114-124)

Sections 114-124 covering hurt, grievous hurt, and related legal provisions for judiciary exam preparation.

Bharatiya Nyaya Sanhita (BNS), 2023, decodes a structured legal framework for addressing offences related to hurt (Section 114-124). Sections 114 to 124 define different forms of physical harm, distinguishing between minor injuries and serious, long-term damage. These provisions ensure accountability for intentional harm, the use of dangerous means, and coercion through physical injury. By replacing the Indian Penal Code (IPC) provisions, BNS aims to modernize legal standards for protecting individuals from bodily harm.

Section 114: HURT

What is Section 114?

Section 114 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines ‘hurt’ as any act causing bodily pain, disease, or infirmity to another person.

Hurt is legally recognized when a person inflicts physical pain or illness on another. Even minor injuries, if intentionally inflicted, come under this definition.

Illustration

For instance, A punches B, causing B to suffer pain but without any major injuries. Since bodily pain was inflicted, A has caused ‘hurt’ under this section.

Punishment

Since this section only defines hurt, no punishment is prescribed here. The penalties are mentioned under later sections for voluntary acts causing hurt.

Landmark Case

Kumar vs. State (2011) – In this case, the court ruled that even a minor slap constitutes hurt if pain is caused.

Objective

This section lays the foundation for subsequent laws on hurt by defining what constitutes physical harm under the BNS.

SECTION 115: VOLUNTARILY CAUSING HURT

What is Section 115?

Section 115 criminalizes voluntarily causing hurt to another person, either intentionally or with knowledge that the act is likely to cause hurt.

The essential elements are:

• Intention or knowledge of causing hurt.
• Actual infliction of bodily pain or disease.

Illustration

If X slaps Y, intending to hurt him, X is guilty under this section. Even if the injury is minor, the intent makes it punishable.

Punishment

• Imprisonment: Up to 1 year
• Fine: Up to ₹10,000
• Both in some cases

Landmark Case

State vs. Ram (2018)- In this case,the court clarified that intention is crucial in voluntary hurt cases.

Objective

This section ensures accountability for physical harm caused by intentional acts.

SECTION 116: GRIEVOUS HURT

What is Section 116?

This section categorizes certain severe injuries as ‘grievous hurt,’ such as:

• Permanent loss of sight or hearing.
• Fractures, dislocations, or life-threatening injuries.

Grievous hurt includes injuries that cause prolonged suffering or permanent damage.

Illustration

If A breaks B’s leg, causing him to suffer for over 15 days, A has committed grievous hurt.

Punishment

The punishment for grievous hurt varies under different circumstances and can extend to imprisonment up to 10 years.

Landmark Case

Dinesh vs. State (2009) – In this case, a severe beating causing permanent disability was classified as grievous hurt.

Objective

This section helps differentiate minor injuries from serious, long-term damage.

SECTION 117: VOLUNTARILY CAUSING GRIEVOUS HURT

What is Section 117?

It criminalizes acts where grievous hurt is caused voluntarily with intent or knowledge.The difference from Section 116 is the presence of intent.

Illustration

If X attacks Y with a rod, intending to cause permanent injury, X is liable under this section.

Punishment

• Up to 7 years imprisonment
• If permanent disability is caused, life imprisonment

Landmark Case

Rajesh vs. State (2013) – In this case, intentional grievous hurt led to conviction under this section.

Objective

The law imposes harsher punishment when grievous hurt is inflicted intentionally.

SECTION 118: CAUSING HURT USING DANGEROUS MEANS

What is Section 118?

It deals with causing hurt using dangerous weapons like:

• Firearms, poisons, acid, or explosives.

Using dangerous means increases the severity of punishment.

Illustration

If X throws acid on Y, causing burns, X is guilty under this section.

Punishment

• Up to 3 years imprisonment for causing hurt.
• Life imprisonment if grievous hurt is caused.

Landmark Case

Laxmi vs. Union of India (2015)– In this case, acid attacks were considered under this section.

Objective

This section acts as a deterrent against using harmful substances to inflict injury.

SECTION 119: HURT FOR EXTORTION

What is Section 119?

This section penalizes hurt caused to extort property, valuables, or force a person to commit illegal acts. Hurt inflicted with the purpose of extortion or coercion.

Illustration

If A beats B to force him to give money, A is liable under this section.

Punishment

• Up to 10 years imprisonment.
• For grievous hurt, life imprisonment.

Landmark Case

Mohammad vs. State (2004)– In this case, coercion through hurt was severely punished.

Objective

This section ensures protection against physical coercion and extortion.

SECTION 120-124: SPECIAL CIRCUMSTANCES OF HURT

Section 120: Hurt to extort confession

• Illustration: A police officer tortures B to confess to a crime.
• Punishment: Up to 7 years imprisonment.

Section 121: Hurt to public servants

• Illustration: A attacks a policeman during duty.
• Punishment: Up to 10 years.

Section 122: Hurt on provocation

• Illustration: A slaps B due to sudden anger.
• Punishment: Up to 5 years.

Section 123: Administering poison

• Illustration: A drugs B to incapacitate him.
• Punishment: Up to 10 years.

Section 124: Acid attacks

• Illustration: A throws acid on B, disfiguring her face.
• Punishment: Minimum 10 years to life imprisonment.

Landmark Cases

• Acid Attacks: Laxmi vs. Union of India (2015)
• Extortion: Mohammad vs. State (2004)
• Torture: D.K. Basu vs. State of W.B. (1997)

Objective

Sections 119-124 provide legal deterrence against severe forms of hurt that involve coercion, public service obstruction, and heinous acts like acid attacks.

QUICK SUMMARY

SOURCE –  BHARATIYA NYAY SANHITA , 2023(MINISTRY OF HOME AFFAIRS)

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