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.
The Bharatiya Nyaya Sanhita (BNS) Section 116 replaces the old Indian Penal Code (IPC) Section 320.
- Introduction of Section BNS 116
- What is section 116 of BNS ?
- Bare Act – BNS Section 116
- Key Elements of Section 116
- Examples to Understand Section 116
- Why Section 116 is Important
- Section 116 BNS Overview
- BNS 116 Punishment
- BNS 116 bailable or not ?
- Bharatiya Nyaya Sanhita Section 116
- Comparison Table: BNS Section 116 vs IPC Section
- BNS Section 116 FAQs
- Conclusion
- Need Legal Support?
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.
BNS Act – Grievous hurt law India
The law defines the following injuries as “grievous hurt”:
- Emasculation – permanent loss or severe damage to male reproductive organs.
- Permanent loss of sight in one or both eyes.
- Permanent loss of hearing in one or both ears.
- Loss of any limb or joint – complete loss of use or removal of a body part or joint.
- Destruction or permanent impairment of a limb or joint – serious damage that makes it unusable.
- Permanent disfiguration of the face or head – acid attack scars, deep cuts, or burns.
- Fracture or dislocation of a bone or tooth.
- Any injury which endangers life.
- Severe bodily pain for 15 days or more.
- 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
- Permanent impact → Blindness, deafness, limb loss, or lasting damage.
- Physical disfigurement → Face/head injuries that leave scars or deformities.
- Bone damage → Fractures and dislocations count as grievous hurt.
- Life-threatening injuries → Any wound that could cause death.
- Pain & disability → If pain or inability to function continues for more than 15 days.
- Legal clarity → Provides a fixed list for judges and police to avoid confusion.
- 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.
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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
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.
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.
Comparison Table: BNS Section 116 vs IPC Section
| Section | Offense | Definition | Punishment | Bailable? | By What Court Triable |
|---|---|---|---|---|---|
| BNS Section 116 | Grievous hurt | Defines grievous hurt as emasculation, loss of sight/hearing, fractures, disfigurement, life-endangering injuries, or pain lasting 15+ days | Imprisonment and/or fine (depends on severity, basis for Section 117) | Non-bailable | Court of Session |
| IPC Section 320 | Grievous hurt | Similar definition – emasculation, blindness, deafness, loss of limb/joint, disfigurement, fractures, life-threatening injuries, or long-term pain | Provided basis for punishment under IPC Sections 325, 326, etc. | Non-bailable | Court of Session |
BNS Section 116 FAQs
What is defined as “grievous hurt” under BNS Section 116?
Grievous hurt includes severe injuries such as emasculation, loss of sight or hearing, loss of a limb, or any injury that endangers life or causes significant pain.
What types of injuries are classified as grievous?
Injuries that cause permanent loss of sight or hearing, loss of a limb, severe disfigurement, or fractures are classified as grievous.
Is BNS Section 116 a bailable offence?
No, BNS Section 116 is a non-bailable offence, meaning bail is not readily granted.
Which court handles cases under BNS Section 116?
Cases under BNS Section 116 are typically handled by the Court of Session.
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.
Need Legal Support?
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Finished with BNS 116 ? 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 117 : Voluntarily causing grievous hurt .
- https://marriagesolution.in/bns_section/bns-117/
- 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/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list