Section 119 BNS

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Introduction of Section 119 BNS

What is Section 119 of BNS? Section 119 addresses the crime of intentionally causing physical harm to obtain property or to force someone to act illegally. It distinguishes between causing simple hurt and grievous hurt in these circumstances, specifying different levels of punishment for each type of injury.

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The Bharatiya Nyaya Sanhita (BNS) Section 119 replaces the old Indian Penal Code (IPC) Section 327 and 329.

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What is BNS Section 119?

BNS Section 119 deals with offenses related to causing physical harm (hurt or grievous hurt) with the intention of either extorting property or compelling someone to perform an illegal act. The section is divided into two parts, each addressing different levels of severity and corresponding punishments for the offenses.

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BNS 119 in Simple Points

BNS Section 119(1) – Voluntarily Causing Hurt to Extort Property or Constrain to an Illegal Act

• Definition: This section deals with a person who intentionally causes hurt to another with the purpose of either:
  • Extorting property or valuable security from the victim or someone related to the victim, or
  • Forcing the victim or someone related to the victim to perform an illegal act or facilitate the commission of a crime.
• Punishment:
  • Imprisonment for up to 10 years.
  • The person is also liable to pay a fine.
• Classification of Offense:
  • Cognizable: Police can arrest without a warrant.
  • Non-bailable: Bail is not easily granted.
  • Triable by: Magistrate of the first class.

BNS Section 119(2) – Voluntarily Causing Grievous Hurt for Extortion or Illegal Act

• Definition: This section focuses on a person who causes grievous hurt (serious physical harm) for the same purposes as mentioned in 119(1):
  • Extorting property or valuable security.
  • Forcing the victim or someone connected to them to engage in illegal actions or to aid in the commission of a crime.
• Punishment:
  • Imprisonment for life, or
  • Imprisonment for a term that may extend up to 10 years.
  • The person is also liable to pay a fine.
• Classification of Offense:
  • Cognizable: Police can arrest without a warrant.
  • Non-bailable: Bail is not easily granted.
  • Triable by: Court of Session.

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Section 119 BNS Overview

1. BNS Section 119(1): This part of the section refers to the act of voluntarily causing hurt with the intent to extort property or valuable security from the victim or to force them into performing an illegal act or aiding in the commission of a crime.
2. BNS Section 119(2): This part addresses cases where grievous hurt (serious physical injury) is inflicted with the same intent as described in Section 119(1). It specifically covers more severe cases involving serious injuries.

Section 119 BNS Overview – 10 Key Points

1. Voluntary Infliction of Hurt: Section 119 focuses on the intentional causing of physical harm to achieve a specific unlawful goal, such as extortion or coercion.
2. Purpose of Inflicting Hurt: The harm must be inflicted with the intent to force the victim to hand over property, valuables, or to coerce them into committing an illegal act.
3. Simple Hurt Punishment: For causing simple hurt to extort or coerce, the offender faces up to ten years in prison and a fine.
4. Grievous Hurt Punishment: If grievous hurt is inflicted for similar purposes, the offender may face life imprisonment or up to ten years in prison, in addition to a fine.
5. Cognizability: Both types of offenses under Section 119 are cognizable, meaning that the police can arrest the accused without a warrant.
6. Bailability: Simple hurt cases under this section are non-bailable, meaning bail is not readily granted. Grievous hurt cases are also non-bailable.
7. Compounding: Offenses under this section cannot be compounded, meaning they cannot be settled out of court or dropped by the victim.
8. Court Jurisdiction: Cases involving simple hurt are tried by a Magistrate of the first class, while grievous hurt cases are tried by a Court of Session.
9. Legal Consequences: The section aims to prevent and punish the use of physical violence for illegal gain or coercion.
10. Deterrence: By imposing severe penalties, Section 119 seeks to deter individuals from using violence to achieve unlawful ends.

Examples

1. Example 1 for Section 119(1): A person threatens and physically harms a shop owner to coerce them into handing over their business’s cash reserves. This act of causing hurt is aimed at extorting property, thus falling under Section 119(1).
2. Example 2 for Section 119(2): An individual severely injures a witness to a crime to prevent them from testifying against a criminal gang. The grievous hurt inflicted here is intended to coerce the victim into not participating in legal proceedings, which is covered under Section 119(2).

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BNS 119 Punishment

1. Imprisonment: The punishment for voluntarily causing hurt can extend up to ten years of imprisonment. For grievous hurt, it can be life imprisonment or up to ten years.
2. Fine: In addition to imprisonment, offenders are also liable to pay a fine.

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BNS 119 bailable or not ?

Simple Hurt: Non-bailable.

Grievous Hurt: Non-bailable.

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Bharatiya Nyaya Sanhita Section 119

Points	Details
Section Title	Voluntarily Causing Hurt or Grievous Hurt to Extort Property or Constrain to an Illegal Act
What It Is	Defines the act of intentionally causing hurt or grievous hurt to extort property or force someone to commit an illegal act.
Punishment for Simple Hurt (119(1))	Imprisonment up to 10 years and fine.
Cognizability for Simple Hurt	Cognizable offense (arrest without warrant).
Bailability for Simple Hurt	Non-bailable (bail not easily granted).
Trial for Simple Hurt	Tried by Magistrate of the first class.
Punishment for Grievous Hurt (119(2))	Imprisonment for life or up to 10 years, along with a fine.
Cognizability for Grievous Hurt	Cognizable offense (arrest without warrant).
Bailability for Grievous Hurt	Non-bailable (bail not easily granted).
Trial for Grievous Hurt	Tried by the Court of Session.

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BNS Section 119 FAQs

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