BNS 116 : Grievous hurt

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Introduction of Section BNS 116

What makes an injury so serious that the law treats it as a grave offence? Section 116 of the Bharatiya Nyaya Sanhita (BNS), 2023 answers this question by defining what is called grievous hurt.

Unlike ordinary hurt, grievous hurt refers to severe injuries that have long-term consequences—such as loss of eyesight, permanent hearing loss, fractures, disfigurement of the face, emasculation, or injuries that endanger life itself. These are not temporary wounds but injuries that change how a person lives.

By clearly identifying such injuries, Section 116 ensures stronger legal consequences for offenders. This provision replaces Section 320 of the Indian Penal Code (IPC), keeping almost the same content but reorganizing it under the new law for better clarity and accessibility.

In this article, we will explain Section 116 in simple words, list out the types of injuries considered grievous, provide examples, show punishments, compare it with IPC, and answer common FAQs.

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The Bharatiya Nyaya Sanhita (BNS) Section 116 replaces the old Indian Penal Code (IPC) Section 320.

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What is section 116 of BNS ?

Definition of BNS Section 116 categorizes certain severe injuries as “grievous.” These include major physical damages like loss of sight or hearing, loss of a limb, and injuries that cause significant pain or impair daily life for an extended period.

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Bare Act – BNS Section 116

The law defines the following injuries as “grievous hurt”:

1. Emasculation – permanent loss or severe damage to male reproductive organs.
2. Permanent loss of sight in one or both eyes.
3. Permanent loss of hearing in one or both ears.
4. Loss of any limb or joint – complete loss of use or removal of a body part or joint.
5. Destruction or permanent impairment of a limb or joint – serious damage that makes it unusable.
6. Permanent disfiguration of the face or head – acid attack scars, deep cuts, or burns.
7. Fracture or dislocation of a bone or tooth.
8. Any injury which endangers life.
9. Severe bodily pain for 15 days or more.
10. Injury that prevents the victim from performing ordinary daily activities for 15 days or more.

Section 116 clearly states which injuries the law treats as grievous hurt. These are not minor wounds like scratches or temporary pain. Instead, they are serious, long-lasting, or life-changing injuries.

• If the injury permanently damages eyesight, hearing, or a limb → It is grievous hurt.
• If it changes appearance permanently (like scarring the face) → It is grievous hurt.
• If it involves fractures, broken teeth, or dislocated bones → It is grievous hurt.
• If the injury is so severe it risks death → It is grievous hurt.
• If it causes unbearable pain or disability lasting over 15 days → It is grievous hurt.

In short: Grievous hurt means injuries that either cause permanent disability, long-term suffering, or directly endanger life.

Key Elements of Section 116

1. Permanent impact → Blindness, deafness, limb loss, or lasting damage.
2. Physical disfigurement → Face/head injuries that leave scars or deformities.
3. Bone damage → Fractures and dislocations count as grievous hurt.
4. Life-threatening injuries → Any wound that could cause death.
5. Pain & disability → If pain or inability to function continues for more than 15 days.
6. Legal clarity → Provides a fixed list for judges and police to avoid confusion.
7. Not just intent, but result → Even if the attacker didn’t intend long-term harm, if such harm occurred, it counts as grievous.

Examples to Understand Section 116

• Example 1 (Blindness):
  A throws acid on B’s face, and B loses sight in one eye. → Grievous hurt.
• Example 2 (Fracture):
  A strikes B’s arm with a rod, causing a bone fracture. → Grievous hurt.
• Example 3 (Disfigurement):
  A attacks B with a knife, leaving permanent scars on the face. → Grievous hurt.
• Example 4 (Life-endangering injury):
  A stabs B in the chest; the injury is not fatal but life-threatening. → Grievous hurt.
• Example 5 (Severe pain):
  A beats B so badly that B cannot work for 20 days. → Grievous hurt.
• Example 6 (Not grievous hurt):
  A slaps B, leaving redness for two days. → This is simple hurt, not grievous hurt.

Why Section 116 is Important

• Defines seriousness → Clearly separates minor injuries from severe ones.
• Foundation for punishment → Section 117 (voluntarily causing grievous hurt) relies on this definition.
• Protects victims → Ensures the most damaging injuries are treated as serious crimes.
• Legal clarity → Helps courts apply consistent standards in criminal cases.
• Continuation of IPC Section 320 → Carries forward the same provisions into the modern BNS 2023.

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Section 116 BNS Overview

BNS Section 116 defines what constitutes “grievous hurt.” It describes various serious types of physical injury that are considered grievous under the law. The section outlines specific conditions and types of injury that qualify as grievous, which generally involve significant harm or long-term effects.

BNS Section 116 – 10 Key Points

1. Emasculation: This refers to the complete removal or severe damage of male genitalia, which is considered a grievous injury under this section due to its permanent and significant impact.
2. Permanent Loss of Sight: Any injury that results in a person losing vision in one or both eyes is categorized as grievous hurt. This includes both total blindness and severe vision impairment.
3. Permanent Loss of Hearing: If an injury causes a person to lose hearing in one or both ears permanently, it is classified as grievous hurt. This type of injury severely affects a person’s ability to communicate and function normally.
4. Loss of a Member or Joint: The permanent loss or severe impairment of any body part, such as an arm, leg, or finger, is considered grievous. This also includes the loss of function in joints, like knees or elbows.
5. Destruction or Impairment of Member or Joint: This involves significant damage to a body part that impairs its normal function permanently. For instance, severe damage to a limb that affects its use.
6. Permanent Disfiguration of Face or Head: Any injury that causes lasting cosmetic damage to the face or head, such as deep scars or severe burns, is deemed grievous. This impacts both appearance and psychological well-being.
7. Fracture or Dislocation: Significant fractures or dislocations of bones or teeth that require extensive medical treatment and result in long-term impairment are classified as grievous hurt.
8. Injuries Endangering Life: Any hurt that poses a serious risk to life or requires prolonged medical care, such as major internal injuries or severe trauma, is considered grievous.
9. Severe Bodily Pain: If an injury causes intense pain that lasts for more than fifteen days and impairs the person’s daily activities, it falls under grievous hurt.
10. Impairment of Daily Activities: Injuries that prevent a person from performing their regular activities for an extended period, due to severe pain or physical damage, are categorized as grievous.

Examples of BNS Section 116

1. Loss of an Eye: If someone loses their sight in one eye due to an assault, it is classified as grievous hurt under this section.
2. Severe Bone Fracture: A fracture that causes long-term disability or requires extensive medical treatment, such as a compound fracture of the leg, would be considered grievous.

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BNS 116 Punishment

Imprisonment: The law prescribes imprisonment for those found guilty of causing grievous hurt, with the duration determined based on the case specifics.

Fine: A monetary fine may also be imposed, in addition to or instead of imprisonment, depending on the severity of the offence.

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BNS 116 bailable or not ?

BNS Section 116 is considered a non-bailable offence. This means that bail is not readily available, and the accused may have to remain in custody until a court decides otherwise.

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Bharatiya Nyaya Sanhita Section 116

Section	Offense	Punishment	Cognizable	Bailable	Court
116	Grievous hurt (various types)	Imprisonment and/or fine	Yes	No	Court of Session

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Comparison Table: BNS Section 116 vs IPC Section

Points	BNS Section 116	IPC Section 320
Definition	Defines what qualifies as grievous hurt – includes emasculation, loss of sight/hearing, fractures, disfigurement, life-threatening injuries, and pain disabling a person for 15+ days.	Defines grievous hurt in the same categories – emasculation, blindness, deafness, loss of limb/joint, disfigurement, fractures, life-endangering injuries, and long-term pain.
Purpose	Forms the basis for punishment under BNS Section 117 and other related sections.	Forms the basis for punishment under IPC Sections 325, 326, etc.
Modern Update	Incorporated directly into the Bharatiya Nyaya Sanhita, 2023, replacing IPC 320. No major changes in content but included in a simplified, reorganized structure.	Part of IPC (1860). Older format, now replaced by BNS.
Impact	Provides clarity for courts and ensures strict consequences for causing grievous hurt.	Served as the foundation for grievous hurt laws before BNS.

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BNS Section 116 FAQs

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Conclusion

BNS Section 116 plays a vital role in India’s criminal law by clearly identifying what amounts to grievous hurt. By listing specific injuries such as loss of eyesight, hearing, limb, fractures, disfigurement, or life-threatening wounds, it ensures that courts treat these cases with the seriousness they deserve.

Although the content closely follows IPC Section 320, its inclusion in the Bharatiya Nyaya Sanhita (2023) makes the law more structured and accessible. This clarity strengthens the justice system by ensuring that offenders causing severe, life-altering harm face strong legal consequences.

In short, Section 116 BNS protects individuals against the gravest physical injuries and provides the legal foundation for strict punishment under Section 117 and related provisions.

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