“Law Master’s Publication”
‘Hurt’
Prof. Santosh D. Bhosale
138
(..15..)
HURT (SIMPLE AND GRIEVOUS Ss. to )
[Chapter VI Ss. 114 to 125]
QUESTION BANK
1.
2.
What is hurt? When does hurt become grievous?
Distinguish between simple and grievous hurt.
SHORT NOTES
1.
2.
Hurt and Grievous hurt
Hurt
SYNOPSIS
I. Understanding "Hurt" under BNS
1. Definition of Hurt-
2. Essential Ingredients of Hurt-
a. Bodily Pain:
b. Disease:
c. Infirmity:
II. Voluntarily Causing Hurt (Section 115 BNS)
a. Definition (Section 115(1))-
b. Punishment:
III. "Grievous Hurt" under BNS-
1. Definition of Grievous Hurt (Section 116 BNS)-
2. What Constitutes Grievous Hurt (8 Categories)-
a. Emasculation:
b. Permanent loss of sight of either eye:
c. Permanent loss of hearing of either ear
d. Privation of any member or joint:
e. Destruction or permanent impairing of the powers of any member or joint:
f. Permanent disfigurement of the head or face
g. Fracture or dislocation of a bone or tooth:
h. Any hurt which endangers life or causes severe bodily pain for 15 days, or
renders the victim unable to follow ordinary pursuits for 15 days:
3. Essential Ingredients of Grievous Hurt –
a. Nature of Injury Must Be Severe:
b. Actual Physical Harm:
c. Permanent or Long-Term Impact:
d. Intention or Knowledge:
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Prof. Santosh D. Bhosale
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e. Medical Examination:
f. Not a Result of Consent or Lawful Act:
4. Voluntarily Causing Grievous Hurt (Section 117 BNS)-
a. Definition:
b. Explanation:
c. Punishment:
III. Other Related Provisions and Punishments under BNS
1. Voluntarily Causing Hurt or Grievous Hurt by Dangerous Weapons or Means
(Section 118 BNS)-
2. Voluntarily Causing Hurt or Grievous Hurt to Extort Property or to Constrain to
an Illegal Act (Section 119 BNS)-
3. Voluntarily Causing Hurt or Grievous Hurt to Extort Confession or Compel
Restoration of Property (Section 120 BNS)-
4. Voluntarily Causing Hurt or Grievous Hurt to Deter Public Servant from Duty
(Section 121 BNS)-
5. Voluntarily Causing Hurt or Grievous Hurt on Provocation (Section 122 BNS)-
6. Causing Hurt by Means of Poison, etc., with Intent to Commit an Offence (Section
123 BNS)-
7. Voluntarily Causing Grievous Hurt by Use of Acid, etc. (Section 124 BNS)-
8. Act Endangering Life and Personal Safety of Others (Section 125 BNS)-
IV. Important differences between Hurt and Grievous Hurt-
***
I. Understanding "Hurt" under BNS
1. Definition of Hurt-
Section 114 of the Bharatiya Nyaya Sanhita (BNS) defines "hurt".
It states: "Whoever causes bodily pain, disease or infirmity to any person is said
to cause hurt".
This definition is identical to Section 319 of the erstwhile IPC, maintaining its
traditional understanding within the new legal framework. Hurt generally encompasses
minor injuries such as scratches or bruises.
The BNS carries the same concept of IPC so far as the offence of hurt is concerned.
However, it renumbers some sections, increases punishment for them and also reduces the
duration of severe bodily pain required for an injury to be classified as grievous from 20
days to 15 days under S. 116 of BNS.
2. Essential Ingredients of Hurt-
To constitute the offence of hurt, three essential ingredients must be satisfied:
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a. Bodily Pain:
This refers to any physical discomfort, injury, or trauma inflicted upon the body.
Even seemingly minor acts like slapping or pinching, if they result in pain, qualify as hurt.
It is not necessary for any visible injury to be present, as long as the pain is experienced.
b. Disease:
If a person knowingly or negligently transmits a disease to another individual (e.g.,
through infected needles or contaminated food), it is considered hurt. This includes both
communicable and non-communicable diseases caused with intent or negligence.
c. Infirmity:
Infirmity denotes any temporary or permanent impairment of a person’s physical or
mental capacity. It can lead to a loss of strength, an inability to perform normal functions,
or temporary disability. For instance, rendering someone unconscious or temporarily
paralysing a limb can amount to hurt.
II. Voluntarily Causing Hurt (Section 115 BNS)-
Hurt is of two types, (a) simple, and (b) grievous. S. 115 defines and
punishes simple hurt. Whereas, grievous hurt is defined in S. 116.
a. Definition (Section 115(1))-
A person is said to voluntarily cause hurt when they perform any act with the
intention to cause hurt or with the knowledge that such an act is likely to cause hurt,
and as a result, hurt is actually caused. Both the mens rea (guilty mind) and actus reus
(guilty act) must coexist.
b. Punishment:
Section 115(2) prescribes the punishment for voluntarily causing hurt. Unless the
case falls under Section 122(1) (which pertains to grave and sudden provocation), the
offender can face imprisonment up to one year, or a fine up to ₹10,000, or both. This
offence is generally considered minor, bailable, and non-cognizable, unless aggravating
factors are present.
1 In Bysagoo Noshyo
Facts: - A on a grave and sudden provocation gave B a stick blow on the abdomen, B had an enlarged spleen which
got punctured by the blow and B died in consequence.
Held: - That the death caused without intention or knowledge is not applicable. Therefore as A wanted to cause hurt,
he was punished for the same.
In Sayed A. Ahmed V/s. State of Maharashtra (2008 All MR 1082)
Facts :- Injuries were caused by barbers razor. Injured Should be established to be suffering bodily pain during phase
of 20 days or unable to follow his ordinary pursuit. No evidence was brought to show that injured suffered any of the
above injury.
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Facts: The accused caused injuries to the deceased with a bamboo stick. The
opinion of the doctor was that all the injuries were simple injuries.
Held: - Accused, convicted for causing ‘simple hurt’.
III. "Grievous Hurt" under BNS-
1.
Definition of Grievous Hurt (Section 116 BNS)-
It defines grievous hurt as certain types of serious bodily injuries that go beyond
ordinary hurt. These injuries are severe in nature and frequently involve permanent
damage, long-lasting suffering, or even life-threatening consequences. The provision
is similar in content and spirit to Section 320 of the Indian Penal Code (IPC).
2.
What Constitutes Grievous Hurt (8 Categories)-
The following eight types of injuries are specifically classified as "grievous" under
Section 116 BNS:
a. Emasculation: Depriving a male of his masculine power, usually referring to the loss
of reproductive ability or injury to sexual organs.
b. Permanent loss of sight of either eye: If a person loses vision in one or both eyes,
and the loss is irreversible.
c. Permanent loss of hearing of either ear: If a person becomes permanently deaf in
one or both ears.
d. Privation of any member or joint: This means the complete loss of a body part or
joint, such as a hand, leg, arm, elbow, or knee (e.g., due to amputation).
e. Destruction or permanent impairing of the powers of any member or joint: The
limb or joint is present but cannot function normally (e.g., a paralysed leg or stiff
joint).
f. Permanent disfigurement of the head or face: Any injury that causes a visible and
lasting change in a person’s appearance (e.g., deep scars, acid burns, facial
deformation).
g. Fracture or dislocation of a bone or tooth: Even a broken bone (like a finger) or a
dislocated joint (like a shoulder) qualifies. A broken tooth is also included. A crack
in a bone that extends from outer to inner surface also counts as fracture.
h. Any hurt which endangers life or causes severe bodily pain for 15 days, or
renders the victim unable to follow ordinary pursuits for 15 days: This includes
injuries that pose a threat to life, or cause severe pain for 15 days or more (reduced
from 20 days in IPC). It also covers injuries that prevent the victim from performing
normal daily activities like eating, walking, or working for that duration.
Held :- The offence of simple hurt and not grievous has taken place.
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3. Essential Ingredients of Grievous Hurt –
The key elements required to establish grievous hurt are:
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a. Nature of Injury Must Be Severe: The injury must fall under one of the specific
categories listed in Section 116.
b. Actual Physical Harm: There must be clear evidence of physical damage to the body
that is not superficial or temporary. Medical reports or expert testimony are often
required to support this.
c. Permanent or Long-Term Impact: The injury must either permanently impair a
body part, render the victim incapable of performing normal daily tasks for 15 days,
or cause life-threatening harm.
d. Intention or Knowledge: While Section 116 defines grievous hurt by its result,
punishment under related sections requires the act to be done intentionally or with the
knowledge that such harm was likely.
e. Medical Examination: A certified medical report or doctor’s testimony is generally
necessary to prove the nature and extent of the injury and whether it qualifies under
Section 116.
f. Not a Result of Consent or Lawful Act: If the hurt is caused during a lawful medical
procedure or with the victim’s consent (under certain circumstances), it may not
amount to criminal grievous hurt.
4.
Voluntarily Causing Grievous Hurt (Section 117 BNS)-
a. Definition: Section 117(1) defines the offence of voluntarily causing grievous hurt.
A person commits this offence when they voluntarily inflict harm with the intention
or knowledge that the hurt caused is likely to be grievous, and the harm actually
caused falls within the legal definition of grievous hurt.
b. Explanation: The explanation to Section 117 clarifies that an individual is said to
voluntarily cause grievous hurt only when two conditions are met: (i) grievous hurt
is actually caused, and (ii) there is intention or knowledge of causing such
grievous hurt. Importantly, even if the type of grievous hurt caused is different
from what was intended or foreseen, it will still be considered voluntarily causing
grievous hurt.
Illustration
A, intending of knowing himself to be likely permanently to disfigure Z’s face, gives Z
a blow which does not permanently disfigure Z’s face, but which causes Z to suffer
severe bodily pain for the space of fifteen days. A has voluntarily caused grievous
hurt.
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c. Punishment: Section 117(2) stipulates that voluntarily causing grievous hurt is
punishable with imprisonment up to seven years and a fine. This offence is
classified as cognizable and non-bailable.
III. Other Related Provisions and Punishments under BNS-
1. Voluntarily Causing Hurt or Grievous Hurt by Dangerous Weapons or Means
(Section 118 BNS)-
If a person voluntarily causes hurt using dangerous weapons or means (e.g.,
firearms, sharp instruments, fire, poison, explosives, or animals), the punishment for
hurt is imprisonment up to three years, a fine up to ₹20,000, or both. If grievous hurt
is caused by such means, the punishment increases to life imprisonment or
imprisonment ranging from one to ten years, along with a fine. This provision has
an exception for cases falling under Section 122 (provocation).
2. Voluntarily Causing Hurt or Grievous Hurt to Extort Property or to Constrain to
an Illegal Act (Section 119 BNS)-
Causing hurt with the intent to extort property, valuable security, or to compel an
illegal act is punishable with imprisonment up to ten years and a fine. If grievous hurt
is caused for the same purpose, the punishment may extend to life imprisonment or
up to ten years, along with a fine.
3. Voluntarily Causing Hurt or Grievous Hurt to Extort Confession or Compel
Restoration of Property (Section 120 BNS)-
Whoever voluntarily causes hurt to obtain a confession, information about an
offence, or to compel restoration of property/satisfaction of a claim, is punishable with
imprisonment up to seven years and a fine. This section directly addresses custodial
torture, making such acts illegal.
Illustrations
a. A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime.
A is guilty of an offence under this section.
b. A, a police-officer, tortures B to induce him to point out where certain stolen property is
deposited. A is guilty of an offence under this section.
c. A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue
due from Z. A is guilty of an offence under this section.
4. Voluntarily Causing Hurt or Grievous Hurt to Deter Public Servant from Duty
(Section 121 BNS)-
Causing hurt to a public servant while they are performing their official duties, or
to prevent/retaliate against such duty, can result in imprisonment up to five years and/or a
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Prof. Santosh D. Bhosale
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fine. If grievous hurt is caused in the same circumstances, the punishment shall be not
less than one year, extendable up to ten years, along with a fine.
5. Voluntarily Causing Hurt or Grievous Hurt on Provocation (Section 122 BNS)-
If hurt or grievous hurt is caused due to grave and sudden provocation, with no
intention to harm anyone other than the provoker, the law provides reduced punishment.
For hurt, the penalty is up to one month or a ₹5,000 fine, or both. For grievous hurt, it
can be up to five years or a ₹10,000 fine, or both. This relief does not apply if the
provocation was self-induced, came from a lawful act by a public servant, or was given in
the exercise of the right of private defence.
6. Causing Hurt by Means of Poison, etc., with Intent to Commit an Offence (Section
123 BNS)-
Administering or causing another to consume poison, intoxicating, stupefying, or
harmful substances with the intent to cause hurt or to commit/facilitate an offence is
punishable with imprisonment up to ten years and a fine. The offence is complete even if
no hurt is actually caused.
7. Voluntarily Causing Grievous Hurt by Use of Acid, etc. (Section 124 BNS)-
Causing grievous hurt by throwing or administering acid or similar corrosive
substances, with intent or knowledge of causing damage, disfigurement, or permanent
injury (including a vegetative state), is punishable with imprisonment of not less than ten
years, extendable to life imprisonment, along with a fine payable to the victim to cover
medical expenses. An attempt to commit such an act is punishable with imprisonment of
five to seven years and a fine. The term "acid" includes any corrosive substance capable
of causing burns, scars, or disability, whether reversible or not.
8. Act Endangering Life and Personal Safety of Others (Section 125 BNS)-
If a person performs any act rashly or negligently as to endanger human life or the
personal safety of others, they can be punished with imprisonment up to three months, or
a fine up to ₹250, or both. If this act causes hurt, the punishment is up to six months
imprisonment, or a fine up to ₹500, or both. If the act causes grievous hurt, the
punishment extends to imprisonment up to two years, or a fine up to ₹1,000, or both.
IV. Important differences between Hurt and Grievous Hurt-
The distinction between "hurt" and "grievous hurt" is crucial for determining the
severity of punishment and the nature of trial in criminal law.
Aspect
Simple Hurt
Grivous Hurt
Definition
Defined
under
Defined under Section 116 BNS.
(BNS Section) Section 114 BNS.
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‘Hurt’
Prof. Santosh D. Bhosale
145
Severity
Less serious
More serious and long lasting; often life-
threatening.
Types
of Minor injuries like Specific severe injuries: emasculation, permanent
Injuries
bodily
pain, loss
of
sight/hearing,
loss/impairment
of
disease,
infirmity.
or limb/joint, permanent disfigurement of head/face,
fracture/dislocation of bone/tooth, or any hurt
endangering life or causing severe pain/inability
for 15 days or more.
Permanence
Proof
Usually temporay
Often permanent or with long-term impact.
May not require Often requires medical reports or expert testimony
medical evidence. to prove physical damage and severity.
Requirement
Intentional
or
Mens
Rea knowing that the Intention or knowledge that the act is likely to
(Mental State) act is likely to cause grievous hurt.
cause hurt.
Bailable/Non- Non-cognizable
Cognizable and non-bailable.
bailable
and bailable.
Compounding Compoundable
of Offence
with
court Non-compoundable due to seriousness.
permission.
Punishment
Up to 1 year Up to 7 years imprisonment and a fine (Section
imprisonment or 117(2) BNS). Higher penalties apply for
₹10,000 fine, or aggravating factors (e.g., acid attacks: min. 10
both
(Section years to life imprisonment; group violence: up to
115(2) BNS).
7 years).
***
References-
2.BNS 2023: Hurt and Grievous Hurt | Bharatiya Nyaya Sanhita | Landmark Case
Laws | Pranjal Singh https://www.youtube.com/watch?v=fITlluhOW0s
3. COMPARATIVE TABLE Indian Penal Code 1860 BHARTIYA NYAYA SANHITA
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4. BHARATIYA NYAYA SANHITA Hurt and Grievous Hurt under the Bharatiya
5. Hurt and grievous hurt: everything you need to know about it, by Pranjal Rathore
7.
Injury
Under
Bharatiya
Nyaya
Sanhita
(BNS):
What’s
8. Notes on hurt and grievous hurt under Bharatiya Nyaya Sanhita (BNS) by Adv Darpan