Criminal Law

Section 118 of BNS

The Section 118 of BNS deals with the punishment for causing hurt or grievous hurt by dangerous weapons.

This section makes simple hurt more grave and liable to more severe punishment where it has the differentia of one of the modes of infliction described in the section.

What is Section 118 of BNS ?

(1) Whoever, except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both.

(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.

Ingredients of the Offence

The essential ingredients to make out an offence under section 118 of BNS should be that there must be voluntarily causing hurt and also the required intention.

In other words, to constitute an offence of voluntarily causing hurt, there must be complete correspondence between the result and the intention or the knowledge of the person who causes the said hurt.

Case Reference : Pitchavadhmtiilu v State of AP, 2011 Cr LJ 469 (AP).

118 BNS Bailable or Not ?

The Bail Provisions in respect of the Section 118 BNS are as follows :-

Section 118(1) BNS

(a) Cognizable and Non-Bailable offence

(b) Imprisonment for 3 years, or fine of 20,000 rupees, or both.

Section 118(2) BNS

(a) Cognizable and Non-Bailable Offence

(b) Imprisonment of not less than 1 year but which may extend to 10 years and fine.

However, an accused has right to file application for anticipatory bail before Session Court or High Court.

Weapon is Relevant for Convicting under 118 of BNS

Where a head injury was caused with a deadly weapon and the injured was discharged from the hospital after 15 days, but six months thereafter he had to be hospitalized again for brain operation and he did not recover, the death being not solely due to the injury, the accused persons convicted under this section and their conviction.

Case Reference : State of Orissa v Rabu Naik, 1990 Cr LJ 2777 (Ori)

Acquittal judgments of 118 BNS

Where no explanation by prosecution as to how the injuries were caused to deceased and the role attributed to appellants by prosecution is fully covered by their right of private defence, conviction and sentence is liable to be set aside.

Case Reference : Haren Das v State of Assam, 2012 Cr LJ 1467 (Gau)

In a case, the allegation was that the accused petitioner inflicted simple and grievous injuries with sharp-edged weapon on person of victim. The Injury Report was not proved and the doctor who signed it was not called for examination. The Petitioner was held entitled to acquittal.

Case Reference : Suraj Mal v State, 2010 Cr LJ 1583 (Raj).

Frequently Asked Questions

 The following frequently asked questions and their answers on Section 118 of BNS.

1. What does Section 118 of BNS deal with?

Section 118 deals with the voluntary causing of hurt by dangerous weapons or means.

2. What is the punishment under Section 118 ?

The punishment under Section 118 is imprisonment for up to three years, a fine, or both.

3. When does Section 118 apply to an offense?

Section 118 applies when a person voluntarily causes hurt using a dangerous weapon or any means likely to cause death or serious injury.

4. What are examples of dangerous weapons under Section 118 BNS ?

Dangerous weapons under Section 118 include instruments like knives, swords, firearms, or any object that could cause grievous injury.

Question and Answer on Section 118 of BNS

5. Does Section 118 only cover physical weapons?

No, Section 118 BNS also covers dangerous means, such as fire, poison, or explosives, that can cause harm.

6. Who can file a case under Section 118 ?

The victim of the assault or any person aware of the offense can file a case under this Section.

7. Is Section 118 a bailable offense?

No, Offence under this section is a non-bailable offense under BNS, 2023

8. What must the prosecution prove to convict someone under Section118?

The prosecution must prove that the accused voluntarily caused hurt and used a dangerous weapon or means to inflict the injury.

9. Is section 118 applicable for causing accidental harm?

No, Section 118 applies only when someone cause harm voluntarily, not by accident or negligence.

10. Can any accused join police investigation without availing anticipatory bail?

Yes, Police do not arrest in every case, however, what is law on arrest and bail is absolute clear, Therefore, in safeguard purpose, and individual should have anticipatory bail, if possible.