Introduction of Section 120 BNS
What happens when violence is used not just to cause pain, but to extract a confession or force someone to return property? Section 120 of the Bharatiya Nyaya Sanhita (BNS), 2023 directly addresses such crimes. This section makes it an offence to voluntarily cause hurt or grievous hurt for the purpose of extorting information, forcing a confession, or compelling someone to restore property or valuable security.
Replacing provisions of the old Indian Penal Code (IPC), this law sets out two categories of punishment—one for ordinary hurt and a harsher one for grievous hurt. It ensures that anyone misusing violence for illegal extortion, including public officials, faces strict legal consequences.
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.
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 Act – BNS Section 120
(1) Whoever voluntarily causes hurt to any person for the purpose of extorting a confession, information leading to detection of an offence, or compelling restoration of property or valuable security, shall be punished with imprisonment up to 7 years and fine.
(2) Whoever voluntarily causes grievous hurt for the same purpose shall be punished with imprisonment up to 10 years, or imprisonment for life, and fine.
This provision consolidates and modernizes the old IPC Sections 330 and 331, bringing them under the Bharatiya Nyaya Sanhita, 2023.
Section 120 punishes anyone who uses violence to force another person to confess, give information, or restore property.
- If the violence causes ordinary hurt (minor injuries like bruises, cuts, swelling), the punishment can go up to 7 years imprisonment and a fine.
- If the violence results in grievous hurt (broken bones, disfigurement, loss of limb, permanent disability), the punishment is much stricter: up to 10 years or life imprisonment plus fine.
The law also applies to public officials (like police officers) if they use torture or physical harm to extract confessions. This ensures that justice is not obtained through fear or violence but through lawful procedures.
In short: Hurt = up to 7 years | Grievous hurt = up to 10 years or life imprisonment.
Key Elements of Section 120
- Purpose of harm → Must be to extort confession, force illegal compliance, or recover property/security.
- Two levels of injury → Ordinary hurt (less severe) and grievous hurt (serious, lasting injuries).
- Applicability → To both private individuals and public officials (e.g., police).
- Punishment → 7 years (hurt) or life imprisonment (grievous hurt).
- Cognizable offence → Police can arrest without a warrant.
- Bailability →
- Hurt cases (120(1)) = Bailable.
- Grievous hurt cases (120(2)) = Non-bailable.
- Trial →
- 120(1): Magistrate of the First Class.
- 120(2): Court of Session.
Examples of BNS Section 120
- Example 1 (Hurt – 120(1)):
A police officer slaps and beats a suspect to make him confess to theft. Even though the injuries are not severe, the act falls under 120(1). - Example 2 (Grievous Hurt – 120(2)):
A landlord breaks a tenant’s leg to force him to return alleged stolen goods. This is grievous hurt with intent to recover property → punishable under 120(2). - Example 3 (Restoration of property):
A thug beats a shopkeeper until he hands over money owed. This also comes under 120(1) or 120(2) depending on the injury. - Example 4 (Police torture case):
During interrogation, officers inflict severe injuries to extract information about hidden valuables. This is grievous hurt, punishable under 120(2) with life imprisonment possible.
Why Section 120 is Important
- Protects individuals from torture or violence for confessions or property.
- Prevents abuse of power by officials or private individuals.
- Separates hurt vs grievous hurt, ensuring proportionate punishments.
- Acts as a deterrent against extortion through violence.
- Modernizes the law by replacing IPC Sections 330 and 331 with clearer provisions.
BNS 120(1) in Simple 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
- 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.
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.
Comparison Table: BNS Section 120 vs IPC
| Section | Offense | Punishment | Cognizability | Bailability | Trial By |
|---|---|---|---|---|---|
| BNS Section 120(1) | Voluntarily causing hurt to extort confession or property | Imprisonment up to 7 years and fine | Cognizable | Bailable | Magistrate of the first class |
| BNS Section 120(2) | Voluntarily causing grievous hurt to extort confession or property | Imprisonment up to 10 years or life, and fine | Cognizable | Non-bailable | Court of Session |
| IPC Section 330 | Voluntarily causing hurt to extort confession or compel restoration of property | Imprisonment up to 7 years and fine | Cognizable | Bailable | Magistrate of the first class |
| IPC Section 331 | Voluntarily causing grievous hurt to extort confession or compel restoration of property | Imprisonment up to 10 years 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.
Conclusion
Section 120 of the Bharatiya Nyaya Sanhita is a vital safeguard against the use of physical violence as a tool for coercion or extortion. By punishing both simple and grievous hurt inflicted to extract confessions or recover property, the law ensures that such abuse is met with strict legal action.
From cases of police misconduct to private individuals using threats and violence, this section delivers proportionate punishment—ranging from 7 years imprisonment to life imprisonment depending on the severity of harm. By replacing IPC Sections 330 and 331, BNS Section 120 provides a modern and structured framework to protect people from being forced into confessions or unlawful acts through violence.
In short, Section 120 BNS upholds the principle that confessions or property cannot be obtained by fear, force, or violence—justice must be secured lawfully.
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Finished with BNS 120 ? 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 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/
- BNS Section 123 : Causing hurt by means of poison, etc , with intent to commit an offence .
- https://marriagesolution.in/bns_section/bns-section-123/
- BNS Section 124 : Voluntarily causing grievous hurt by use of acid, etc .
- https://marriagesolution.in/bns_section/bns-section-124/
- 125 BNS :Act endangering life or personal safety of others.
- https://marriagesolution.in/bns_section/125-bns/
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list