BNS 117 : Voluntarily causing grievous hurt .

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Introduction of Section 117 BNS

BNS 117 focuses on grievous hurt – serious injuries that go beyond ordinary harm. This law sets strict punishments, especially in cases of permanent disability, vegetative state, or group attacks. In this article, we explain Section 117 in simple words, compare it with old IPC provisions, and provide examples to help you understand its real meaning.”

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The Bharatiya Nyaya Sanhita (BNS) Section 117(1) replaces the old Indian Penal Code (IPC) Section 322.

The Bharatiya Nyaya Sanhita (BNS) Section 117(2) replaces the old Indian Penal Code (IPC) Section 325

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What is section 117 of BNS ?

BNS Section 117 defines “voluntarily causing grievous hurt” as an act where someone causes serious injury to another person with the intention or knowledge that the injury is likely to happen. The section also covers cases where the type of injury caused is different from what was intended.

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BNS Act 117 – Voluntarily causing grievous hurt BNS

(1) A person is said to voluntarily cause grievous hurt if:

• The hurt actually caused is grievous in nature, and
• The person either intended to cause such grievous hurt or had knowledge that their act was likely to cause it.

Even if the type of grievous hurt caused is different from what was intended, it will still count as voluntarily causing grievous hurt.

(2) Whoever voluntarily causes grievous hurt shall be punished with imprisonment of up to seven years, and shall also be liable to pay a fine.

(3) If the hurt results in permanent disability of any body part or puts the victim into a persistent vegetative state, the offender shall be punished with rigorous imprisonment of not less than 10 years, which may extend to imprisonment for life (meaning the rest of the natural life of the offender).

(4) If five or more persons acting together voluntarily cause grievous hurt to someone on the basis of caste, religion, race, gender, language, belief, place of birth, or similar discriminatory grounds, each person is guilty of the offence and punishable with imprisonment up to seven years and fine.

Section 117 of the BNS covers cases where someone causes serious bodily harm (grievous hurt) to another person. It is not about small injuries like cuts or bruises—it applies to injuries that cause long-term damage, pain, or permanent disability.

• Intention or Knowledge Required:
  The offender must either intend to cause grievous harm or know that the act could cause it. For example, hitting someone with an iron rod on the head clearly shows knowledge that serious injury may occur.
• Different Injury Still Counts:
  If the offender intended to cause one grievous injury but caused another (for example, intended to break a leg but instead blinded the victim in one eye), the offence still falls under Section 117.
• Severe Outcomes:
  If the victim suffers permanent disability (loss of limb, loss of eyesight, paralysis) or falls into a vegetative state, the punishment becomes very strict—10 years to life imprisonment.
• Group Offences:
  If a group of five or more people cause grievous hurt on discriminatory grounds (such as caste or religion), every member of that group is guilty, even if not all of them directly hit the victim.

Key Points of Section 117

1. Covers grievous hurt only – not simple injuries.
2. Intention or knowledge must be proved.
3. Different grievous injury from what was intended still makes the offender guilty.
4. Punishment levels:
   • Ordinary grievous hurt → Up to 7 years.
   • Permanent disability / vegetative state → 10 years to life.
   • Group attacks on discriminatory grounds → Up to 7 years.
5. Bailability:
   • Ordinary cases → Bailable.
   • Disability/vegetative state & group attacks → Non-bailable.
6. Trial:
   • Simple cases → Magistrate.
   • Serious cases → Court of Session.

Examples to Understand BNS Section 117

1. Intention to cause grievous hurt:
   A hits B with a heavy iron rod, fracturing his arm. → A is guilty under Section 117.
2. Different but still grievous:
   A wants to break B’s leg but instead damages his eye, causing blindness. → Still Section 117.
3. Permanent disability:
   A stabs B in the spine, leaving B paralyzed for life. → Punishable under Section 117(3), with minimum 10 years imprisonment.
4. Group-based discriminatory attack:
   Five men attack C because of his caste and cause multiple fractures. → All five are guilty under Section 117(4).
5. Accident (not Section 117):
   A drives rashly and unintentionally injures someone grievously. Since there was no intention or knowledge, it may fall under accident laws, not Section 117.

Why Section 117 is Important

• It protects individuals from severe physical harm.
• It ensures strict punishment when injuries are life-altering.
• It explicitly addresses hate crimes and mob violence, which the old IPC did not.
• It strengthens victims’ rights by making every participant in a group attack equally responsible.
• It clearly differentiates ordinary grievous hurt from cases of permanent harm, ensuring justice is proportionate.

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BNS Section 117(2): Voluntarily Causing Grievous Hurt

1. Intent to Cause Grievous Hurt:
   Under this clause, a person is guilty if they intentionally cause serious physi
2. cal injury (grievous hurt) to someone.
3. Knowledge of Likely Harm:
   Even if the person did not intend to cause that specific type of harm but knew that their actions would likely cause serious injury, they are still guilty.
4. Actual Harm:
   If the injury caused is grievous, regardless of what the person intended, they are responsible under this section.
5. Explanation of Intent:
   The clause clarifies that the person must have both caused and intended or known they might cause grievous harm.
6. Basic Punishment:
   The punishment for this offense includes imprisonment, which can extend up to seven years, along with a fine.

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BNS Section 117(3): Grievous Hurt Leading to Permanent Disability or Vegetative State

1. Permanent Disability or Vegetative State:
   This section applies when the grievous hurt caused results in permanent disability (such as loss of sight or limb) or leaves the victim in a vegetative state.
2. Higher Punishment:
   The punishment is more severe for this offense, with a minimum of 10 years of rigorous imprisonment, and it can extend to life imprisonment.
3. Life Imprisonment:
   If the injury leaves the victim in a vegetative state, the guilty person may be imprisoned for life, meaning they will spend the rest of their natural life in prison.
4. No Bail:
   This offense is non-bailable, meaning the accused cannot easily secure release while awaiting trial.
5. Court of Session Trial:
   Since this is a serious offense, cases under this clause are tried in the Court of Session, which handles more serious criminal cases.

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BNS Section 117(4): Grievous Hurt Caused by a Group of Five or More Persons

1. Group Offense:
   This section applies when five or more people act together to cause grievous hurt to someone, especially based on reasons like race, caste, or other forms of discrimination.
2. All Members Are Guilty:
   Each person in the group is held responsible for causing grievous hurt, even if not every individual directly caused harm.
3. Punishment for Group Attacks:
   Each group member can be punished with imprisonment for up to seven years, along with a fine.
4. Non-Bailable:
   Like Section 117(2), this offense is non-bailable, meaning that the accused cannot easily get bail during the trial.
5. Trial by Court of Session:
   Due to the seriousness of the crime, cases under this section are handled in the Court of Session, where serious criminal cases are tried.

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Section 117 BNS Overview

Section 117 of the Bharatiya Nyaya Sanhita (BNS) focuses on situations where a person intentionally or knowingly causes serious harm or grievous hurt to another person. It also addresses the severity of the hurt and the punishment that follows.

BNS Section 117 Key-Points

1. Voluntarily causing grievous hurt:
   This section deals with the act of intentionally causing serious injury to someone, such as breaking a bone or causing long-term harm.
2. Intention or knowledge:
   To be guilty under this section, the person must have either intended to cause the harm or known that their actions could lead to serious injury.
3. Different types of grievous hurt:
   Even if the injury caused is not what the person intended (for example, intending to injure a leg but harming an arm), they are still held responsible.
4. Permanent disability or vegetative state:
   If the injury results in permanent disability (such as loss of limb or sight) or leaves the person in a vegetative state, the punishment becomes much more severe.
5. Punishment for causing grievous hurt:
   The basic punishment under this section is imprisonment for up to seven years and a fine. The exact term depends on the severity of the injury.
6. Life imprisonment for extreme cases:
   If the injury leads to a permanent disability or vegetative state, the person causing the injury could face imprisonment for life, which means they would spend the rest of their life in jail.
7. Group causing hurt based on discrimination:
   If five or more people act together to cause serious injury to someone because of factors like race, caste, or personal beliefs, each person in the group is held accountable.
8. Punishment for group offenses:
   When a group causes harm based on discrimination, the punishment includes imprisonment for up to seven years and a fine.
9. Non-bailable offense in severe cases:
   In more serious cases, such as permanent disability or group-based harm, the offense is non-bailable, meaning the accused cannot easily get out of jail while awaiting trial.
10. Trial process depends on severity:
    Less severe cases under this section can be tried by any magistrate, while more severe cases, especially those involving permanent harm or group attacks, are tried in higher courts.

Two Examples of BNS Section 117

1. Example 1:
   Person A intends to break Person B’s arm in a fight. However, A’s action causes permanent damage to B’s eyesight instead. Even though the intended injury was different, A is still guilty of causing grievous hurt under BNS Section 117.
2. Example 2:
   A group of five people attacks someone because of their caste. The group causes serious injuries to the person, leading to a permanent disability. Each member of the group is guilty under BNS Section 117 for causing grievous hurt.

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BNS 117 Punishment

Imprisonment: A person may be imprisoned for up to seven years or life in cases of extreme injury.

Fine: In addition to imprisonment, the guilty person is also liable to pay a fine.

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BNS 117 bailable or not ?

Non-bailable: In cases of severe injury, especially involving permanent disability or group action, the offense is non-bailable. For less severe cases, bail may be granted.

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Comparison Table BNS Section 117 and IPC (Old Law)

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BNS Section 117 FAQs

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Conclusion

Section 117 of the Bharatiya Nyaya Sanhita is a modernized and stricter law compared to the old IPC. It not only punishes grievous hurt in ordinary situations but also ensures harsher penalties when injuries cause permanent disability or vegetative state.

Most importantly, it introduces specific provisions for mob violence and hate-driven attacks, making every participant in a group equally responsible. This strengthens protection for vulnerable communities and ensures accountability for serious crimes.

In simple words, Section 117 BNS is a safeguard against severe physical harm and discriminatory violence, ensuring justice is delivered with stronger punishment for extreme cases.

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Finished with BNS 117 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• BNS Section 118 : Voluntarily causing hurt or grievous hurt by dangerous weapons or means.
• https://marriagesolution.in/bns_section/bns-section-118/
• Section 119 BNS : Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal to an act .
• https://marriagesolution.in/bns_section/section-119-bns/
• BNS 120 : Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property .
• https://marriagesolution.in/bns_section/bns-120/
• BNS Section 121 : Voluntarily causing hurt or grievous hurt to deter public servant from his duty .
• https://marriagesolution.in/bns_section/bns-section-121/
• BNS Section 122 : Voluntarily causing hurt or grievous hurt on provocation .
• https://marriagesolution.in/bns_section/bns-section-122/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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