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HURT (SIMPLE AND GRIEVOUS Ss. to )
[Chapter VI Ss. 114 to 125]
QUESTION BANK
SHORT NOTES
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:
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
IV. Important differences between Hurt and Grievous Hurt-
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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:
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.
In Abani K. Debnath V/s State of Tripura (AIR 2006 SC 518)
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-
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).
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.
The key elements required to establish grievous hurt are:
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.
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.
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 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 (BNS Section) | Defined under Section 114 BNS. | Defined under Section 116 BNS. |
Severity | Less serious | More serious and long lasting; often life-threatening. |
Types of Injuries | Minor injuries like bodily pain, disease, or infirmity. | Specific severe injuries: emasculation, permanent loss of sight/hearing, loss/impairment of 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 | Usually temporay | Often permanent or with long-term impact. |
Proof Requirement | May not require medical evidence. | Often requires medical reports or expert testimony to prove physical damage and severity. |
Mens Rea (Mental State) | Intentional or knowing that the act is likely to cause hurt. | Intention or knowledge that the act is likely to cause grievous hurt. |
Bailable/Non-bailable | Non-cognizable and bailable. | Cognizable and non-bailable. |
Compounding of Offence | Compoundable with court permission. | Non-compoundable due to seriousness. |
Punishment | Up to 1 year imprisonment or ₹10,000 fine, or both (Section 115(2) BNS). | Up to 7 years imprisonment and a fine (Section 117(2) BNS). Higher penalties apply for aggravating factors (e.g., acid attacks: min. 10 years to life imprisonment; group violence: up to 7 years). |
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References-
1. Bharatiya Nyaya Sanhita By Raman Devgan https://devgan.in/bns/section/120/
3. COMPARATIVE TABLE Indian Penal Code 1860 BHARTIYA NYAYA SANHITA 2023 by Gurender Rana Advocate https://wbllroa.in/wp-content/uploads/2024/07/COMPARATIVE-TABLE-OF-IPC-1860-BNS-2023-ADV-GURENDER-RANA.pdf
4. BHARATIYA NYAYA SANHITA Hurt and Grievous Hurt under the Bharatiya Nyaya Sanhita, 2023 By Arjun Mehta https://www.legalbites.in/bharatiya-nyaya-sanhita/hurt-and-grievous-hurt-under-the-bharatiya-nyaya-sanhita-2023-1149299
5. Hurt and grievous hurt: everything you need to know about it, by Pranjal Rathore https://blog.ipleaders.in/hurt-and-grievous-hurt-everything-you-need-to-know-about-it/