Criminal Law

The Section 117 of BNS punishes voluntarily causing grievous hurt, including disability, with imprisonment up to life and fine.

Section 117 of BNS - Voluntarily Causing Grievous Hurt and Its Punishment Explained

The Section 117 of BNS defines the offence of voluntarily causing grievous hurt and prescribes punishment depending on injury.
The Bharatiya Nyaya Sanhita, 2023 replaces the Indian Penal Code and carries forward similar provisions as Section 325 IPC earlier.
This section applies when a person intentionally or knowingly causes grievous hurt resulting in serious bodily harm or permanent disability condition.
The punishment under this section varies depending on whether the act caused disability, vegetative state, or was done by multiple persons.
Section 117 ensures accountability for acts of violence causing serious harm without necessarily having the intention to cause death directly.
The provision intends to deter individuals from inflicting grievous injuries, emphasizing responsibility, proportional punishment, and protection of victims’ rights effectively.
Section 117 embodies the principle that serious bodily injuries should attract severe punishment proportionate to the degree of physical harm.

Subsection (1) of Section 117 of BNS – Definition of Voluntarily Causing Grievous Hurt

Subsection (1) defines voluntarily causing grievous hurt as an intentional act causing injuries that are considered grievous under the law specifically.
The accused must have intended to cause or known the likelihood of causing grievous hurt to the victim under defined circumstances.
Grievous hurt includes permanent loss of eyesight, hearing, limb, joint, or causing disfigurement or prolonged pain to the victim grievously.
This subsection forms the foundation for determining criminal liability for causing grievous injuries with conscious intent or probable knowledge legally established.
The offence becomes complete when both intention and resulting grievous injury are proven beyond reasonable doubt by credible evidence in court.
Courts interpret intention and knowledge based on surrounding facts, nature of attack, and weapon used during commission of the offence.

Subsection (2) of Section 117 of BNS – Punishment and Bail

Subsection (2) provides punishment for voluntarily causing grievous hurt except when covered by subsection (2) of Section 122 specifically applicable conditions.
Under this subsection, the punishment includes imprisonment of either description for up to seven years and an additional fine imposition.
Offence under Section 117(2) of BNS is bailable, allowing accused to seek release upon providing surety as per legal procedure. Courts often consider the circumstances of the incident, the type of weapon used, and nature of injuries before granting bail reasonably.
The provision balances between ensuring justice for victims and protecting the rights of the accused during trial in fair proceedings.

Subsection (3) of Section 117 of BNS – Permanent Disability or Vegetative State

Subsection (3) deals with aggravated form where victim suffers permanent disability or enters persistent vegetative state due to inflicted injury intentionally.
In such cases, punishment shall not be less than ten years and may extend to imprisonment for life completely permissible.
Here, imprisonment for life means incarceration for the remainder of that person’s natural life without remission or conditional release possibility.
This subsection emphasizes the seriousness of causing irreversible physical or mental conditions that destroy a person’s normal life entirely permanently.
Offence under subsection (3) is non-bailable due to its grave nature and impact on victim’s body and social existence completely.
The provision ensures deterrence against violent conduct resulting in lifelong damage, strengthening victim protection under criminal justice framework effectively.

Subsection (4) of Section 117 of BNS – Group Offences and Discrimination Grounds

Subsection (4) introduces accountability when five or more persons acting in concert cause grievous hurt on discriminatory grounds explicitly mentioned directly.
These grounds include race, caste, community, sex, place of birth, language, personal belief, or other similar discriminatory categories specified.
Each member of such group shall be guilty of causing grievous hurt even if individual actions vary slightly during the unlawful act.
Punishment under this subsection extends to imprisonment for seven years and fine, reflecting severity of hate-motivated group violence collectively considered.
Offence under Section 117(4) is non-bailable, reflecting seriousness of organized violence motivated by social prejudice or discriminatory intention completely.
The law promotes communal harmony and discourages group aggression based on bias or hatred that undermines constitutional equality principles nationally.

Anticipatory Bail and Section 482 of BNSS

An accused under Section 117 can apply for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 accordingly.
High Court and Sessions Court hold concurrent jurisdiction, but individual should first approach Sessions Court before moving High Court properly.
Courts decide anticipatory bail applications based on gravity of offence, nature of injuries, and possibility of misuse of bail provision.
Anticipatory bail helps protect individuals from arbitrary arrest while ensuring cooperation with investigation and adherence to lawful procedures followed.
However, granting anticipatory bail under subsection (3) or (4) remains rare due to seriousness and potential impact on public interest consideration.

Nature of Injury and Use of Weapon – Relevant Factors

The nature of injury and the weapon used are crucial in determining whether offence falls under Section 117 or other provisions accurately. Courts examine size, sharpness, and danger level of weapon to decide if injury constitutes grievous hurt within the legal definition precisely.
In Mathai v. State of Kerala (AIR 2005 SC 710), Court held stone used was not dangerous weapon hence reduced conviction accordingly.
The Court reclassified offence from Section 326 IPC to Section 325 IPC recognizing proportionality between intent, weapon, and actual harm caused.
Under BNS, similar principles apply in distinguishing offences involving ordinary hurt versus grievous hurt depending on factual circumstances accurately.

Judicial Precedents Interpreting Grievous Hurt Offences

In Sailesh v. State of Maharashtra (1995 Cr LJ 914), accused caused death accidentally during cricket match without intent, hence convicted under Section 325 IPC.
In Mohinder Singh (AIR 1986 SC 309), Court held absence of link between internal and external injury justified conviction under Section 325 IPC.
In Halke v. State of MP (AIR 1994 SC 951), sudden provocation caused one blow leading to death; conviction altered to Section 325 IPC.
In Bellana Kannam Naidu v. State of AP (1994 Cr LJ 1146), absence of premeditation proved, reducing charge from murder to grievous hurt offence properly.
These cases emphasize intention, knowledge, and provocation as deciding factors between culpable homicide and voluntarily causing grievous hurt respectively.

Key Legal Analysis on Section 117 of BNS

Section 117 harmonizes proportional punishment with moral culpability by differentiating between intentional murder and grievous bodily injury offences carefully.
It ensures that grievous injuries causing long-term suffering are treated seriously, promoting justice while avoiding excessive criminalization or unfair prosecution.
The section also reinforces equality by criminalizing group assaults motivated by discrimination or bias, strengthening societal cohesion under modern criminal law.

Frequently Asked Questions (FAQs) on Section 117 of BNS

1. What is Section 117 of BNS?

Section 117 defines voluntarily causing grievous hurt and prescribes punishment based on injury severity and offender’s intent or knowledge proven.

2. What is punishment under Section 117(2) of BNS?

Punishment includes imprisonment up to seven years with fine; offence remains bailable allowing release after furnishing required bail bond properly.

3. Is Section 117(3) BNS bailable or non-bailable?

Section 117(3) is non-bailable as it deals with cases involving permanent disability or persistent vegetative state causing lifelong consequences directly.

4. What is punishment under Section 117(3) BNS?

Punishment includes rigorous imprisonment for not less than ten years, extending to life imprisonment for remainder of natural life necessarily.

5. Can anticipatory bail be filed for Section 117 offences?

Yes, anticipatory bail can be filed under Section 482 BNSS before Sessions Court or High Court, subject to judicial discretion entirely.

6. What factors decide offence classification under Section 117 BNS?

Nature of injury, type of weapon, intent, knowledge, and provocation are key factors determining classification under Section 117 correctly.

7. Why is Section 117 of BNS important?

It ensures accountability for grievous violence, prevents misuse of force, and upholds victims’ rights within balanced and fair criminal justice framework.