Introduction of Section 120 BNS
BNS Section 120 covers cases where an individual voluntarily causes hurt or grievous hurt to extort a confession or compel someone to restore property. It specifies punishments for such acts based on the severity of the harm caused and whether the offense was to extort confessions or force restitution.
The Bharatiya Nyaya Sanhita (BNS) Section 120(1) replaces the old Indian Penal Code (IPC) Section 330.
The Bharatiya Nyaya Sanhita (BNS) Section 120(2) replaces the old Indian Penal Code (IPC) Section 331.
- Introduction of Section 120 BNS
- What is BNS Section 120 ?
- BNS 120(1) in Simple Points
- BNS 120(2) in Simple Points
- Section 120 BNS Overview
- BNS 120 Punishment
- BNS 120 bailable or not ?
- Bharatiya Nyaya Sanhita Section 120
- BNS Section 120 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 120 ?
BNS Section 120 defines the offense of intentionally causing hurt or grievous hurt for the purpose of extorting confessions or compelling a person to restore property. The section is aimed at protecting individuals from physical harm used as a tool for illegal extortion or coercion.
BNS 120(1) in Simple Points
BNS Section 120(1): 5 Key Points
- Voluntary Hurt for Extortion of Confession or Property
This part covers situations where a person is harmed to force them to confess to a crime, provide information about an offense, or compel them to return property. It is an unlawful act where physical violence is used as a means to extort. - Purpose of the Harm
The harm must have a specific purpose, such as extracting a confession, compelling someone to give information that could lead to the recovery of stolen property, or making them restore property or security. - Punishment for Causing Hurt
If someone causes harm with the intent of extortion or coercion, they can be punished with imprisonment of up to 7 years. Additionally, they are liable to pay a fine. - Cognizable and Bailable Offense
Offenses under this part are cognizable, meaning police can arrest without a warrant. They are also bailable, allowing the accused to obtain bail while the trial is pending. - Tried by Magistrate of the First Class
Offenses under this section are triable by a Magistrate of the first class, which means these cases are handled by a court that deals with moderately serious criminal cases.
BNS 120(2) in Simple Points
BNS Section 120(2): 5 Key Points
- Voluntary Grievous Hurt for Extortion
This part applies when a person causes grievous hurt, which is a more severe form of injury, with the purpose of extracting confessions, compelling someone to give information, or forcefully restoring property. - Grievous Hurt Explained
Grievous hurt includes severe injuries that cause long-lasting physical damage, such as broken bones or permanent disfigurement. These injuries are seen as more serious than regular hurt. - Harsher Punishment for Grievous Hurt
If grievous hurt is inflicted for extortion, the punishment can extend to 10 years of imprisonment or even life imprisonment. The convicted person is also liable to pay a fine. - Non-Bailable Offense
Grievous hurt under this section is a non-bailable offense. The accused cannot automatically secure bail and must approach a higher court to seek bail. - Tried by Court of Session
Offenses involving grievous hurt are triable by the Court of Session, which handles more serious criminal matters compared to the Magistrate of the first class.
Section 120 BNS Overview
BNS Section 120 defines the offense of intentionally causing hurt or grievous hurt for the purpose of extorting confessions or compelling a person to restore property. The section is aimed at protecting individuals from physical harm used as a tool for illegal extortion or coercion.
10 Key Points Overview of BNS Section 120
- Harm for Extortion
This section criminalizes using physical violence to force a confession, obtain information about a crime, or make someone restore property. - Two Categories of Hurt
BNS Section 120 is divided into two categories: regular “hurt” and more severe “grievous hurt,” each with different punishments. - Protection Against Abuse
The law protects individuals from being coerced into doing something through the use of physical violence or the threat of harm. - Application to Officials
This section can be applied to government officers, like police or revenue officers, who may use physical harm to extract confessions or obtain property illegally. - Punishment for Voluntary Hurt
For causing hurt (not grievous), the punishment includes imprisonment for up to 7 years and a fine. - Punishment for Grievous Hurt
If grievous hurt is inflicted, the punishment increases to 10 years in prison or life imprisonment, along with a fine. - Bailability and Cognizability
Voluntary hurt under this section is bailable and cognizable, while grievous hurt is non-bailable, meaning the process for release on bail is more difficult. - Restoration of Property
This section also applies when the harm is used to force someone to restore stolen or lost property, thus covering various forms of extortion. - Focus on Intent
The intent behind the hurt is important. The purpose must be to extort something, be it a confession, information, or property, for the act to fall under this section. - Seriousness of Offense
The law treats grievous hurt more seriously, reflecting the long-lasting impact such injuries have on a person’s physical well-being.
2 Examples of BNS Section 120
- Example 1 (Voluntary Hurt)
A police officer beats a suspect to force him to confess to a robbery. The officer’s actions are covered under Section 120(1), and the punishment could be imprisonment for up to 7 years. - Example 2 (Grievous Hurt)
A man breaks another person’s leg to force them to return stolen property. Since the injury is severe (grievous hurt), this falls under Section 120(2), with a possible punishment of 10 years or life imprisonment.
BNS 120 Punishment
- Imprisonment for Hurt: Up to 7 years of imprisonment and a fine.
- Imprisonment for Grievous Hurt: Up to 10 years of imprisonment or life imprisonment, along with a fine.
BNS 120 bailable or not ?
For Hurt: Bailable.
For Grievous Hurt: Non-bailable.
Bharatiya Nyaya Sanhita Section 120
| BNS Section | Offense | Punishment | Cognizability | Bailability | Trial By |
|---|---|---|---|---|---|
| 120(1) | Voluntarily causing hurt to extort confession or property | Imprisonment up to 7 years and fine | Cognizable | Bailable | Magistrate of the first class |
| 120(2) | Voluntarily causing grievous hurt for the same purposes | Imprisonment up to 10 years or life, and fine | Cognizable | Non-bailable | Court of Session |
BNS Section 120 FAQs
What is BNS Section 120 about?
BNS Section 120 deals with causing hurt or grievous hurt to extort a confession, obtain information, or compel someone to restore property.
What is the punishment under BNS Section 120(1)?
Voluntarily causing hurt to extort property or information can result in up to 7 years of imprisonment and a fine.
What is the punishment under BNS Section 120(2)?
Voluntarily causing grievous hurt to extort property or information can result in up to 10 years of imprisonment or life imprisonment, along with a fine.
Is an offense under BNS Section 120 bailable?
Offenses under 120(1) are bailable, but offenses under 120(2) are non-bailable.
Who can try cases under BNS Section 120?
Cases involving voluntary hurt are tried by a Magistrate of the first class, while cases involving grievous hurt are tried by the Court of Session.
Can a police officer be guilty under BNS Section 120?
Yes, if a police officer uses force or torture to extract a confession or obtain information, they can be prosecuted under this section.
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