BNS 117

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Introduction of Section 117 BNS

BNS Section 117 deals with the offense of voluntarily causing grievous hurt. This section outlines the situations where someone causes serious physical injury to another person and the intention or knowledge behind it. It also provides the punishments for such offenses.

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The Bharatiya Nyaya Sanhita (BNS) Section 117(1) replaces the old Indian Penal Code (IPC) Section 322.

The Bharatiya Nyaya Sanhita (BNS) Section 117(2) replaces the old Indian Penal Code (IPC) Section 325

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What is section 117 of BNS ?

BNS Section 117 defines “voluntarily causing grievous hurt” as an act where someone causes serious injury to another person with the intention or knowledge that the injury is likely to happen. The section also covers cases where the type of injury caused is different from what was intended.

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BNS 117(1) in Simple Points

BNS Section 117(2): Voluntarily Causing Grievous Hurt

1. Intent to Cause Grievous Hurt:
   Under this clause, a person is guilty if they intentionally cause serious physical injury (grievous hurt) to someone.
2. Knowledge of Likely Harm:
   Even if the person did not intend to cause that specific type of harm but knew that their actions would likely cause serious injury, they are still guilty.
3. Actual Harm:
   If the injury caused is grievous, regardless of what the person intended, they are responsible under this section.
4. Explanation of Intent:
   The clause clarifies that the person must have both caused and intended or known they might cause grievous harm.
5. Basic Punishment:
   The punishment for this offense includes imprisonment, which can extend up to seven years, along with a fine.

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BNS Section 117(3): Grievous Hurt Leading to Permanent Disability or Vegetative State

1. Permanent Disability or Vegetative State:
   This section applies when the grievous hurt caused results in permanent disability (such as loss of sight or limb) or leaves the victim in a vegetative state.
2. Higher Punishment:
   The punishment is more severe for this offense, with a minimum of 10 years of rigorous imprisonment, and it can extend to life imprisonment.
3. Life Imprisonment:
   If the injury leaves the victim in a vegetative state, the guilty person may be imprisoned for life, meaning they will spend the rest of their natural life in prison.
4. No Bail:
   This offense is non-bailable, meaning the accused cannot easily secure release while awaiting trial.
5. Court of Session Trial:
   Since this is a serious offense, cases under this clause are tried in the Court of Session, which handles more serious criminal cases.

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BNS Section 117(4): Grievous Hurt Caused by a Group of Five or More Persons

1. Group Offense:
   This section applies when five or more people act together to cause grievous hurt to someone, especially based on reasons like race, caste, or other forms of discrimination.
2. All Members Are Guilty:
   Each person in the group is held responsible for causing grievous hurt, even if not every individual directly caused harm.
3. Punishment for Group Attacks:
   Each group member can be punished with imprisonment for up to seven years, along with a fine.
4. Non-Bailable:
   Like Section 117(2), this offense is non-bailable, meaning that the accused cannot easily get bail during the trial.
5. Trial by Court of Session:
   Due to the seriousness of the crime, cases under this section are handled in the Court of Session, where serious criminal cases are tried.

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Section 117 BNS Overview

Section 117 of the Bharatiya Nyaya Sanhita (BNS) focuses on situations where a person intentionally or knowingly causes serious harm or grievous hurt to another person. It also addresses the severity of the hurt and the punishment that follows.

BNS Section 117 Key-Points

1. Voluntarily causing grievous hurt:
   This section deals with the act of intentionally causing serious injury to someone, such as breaking a bone or causing long-term harm.
2. Intention or knowledge:
   To be guilty under this section, the person must have either intended to cause the harm or known that their actions could lead to serious injury.
3. Different types of grievous hurt:
   Even if the injury caused is not what the person intended (for example, intending to injure a leg but harming an arm), they are still held responsible.
4. Permanent disability or vegetative state:
   If the injury results in permanent disability (such as loss of limb or sight) or leaves the person in a vegetative state, the punishment becomes much more severe.
5. Punishment for causing grievous hurt:
   The basic punishment under this section is imprisonment for up to seven years and a fine. The exact term depends on the severity of the injury.
6. Life imprisonment for extreme cases:
   If the injury leads to a permanent disability or vegetative state, the person causing the injury could face imprisonment for life, which means they would spend the rest of their life in jail.
7. Group causing hurt based on discrimination:
   If five or more people act together to cause serious injury to someone because of factors like race, caste, or personal beliefs, each person in the group is held accountable.
8. Punishment for group offenses:
   When a group causes harm based on discrimination, the punishment includes imprisonment for up to seven years and a fine.
9. Non-bailable offense in severe cases:
   In more serious cases, such as permanent disability or group-based harm, the offense is non-bailable, meaning the accused cannot easily get out of jail while awaiting trial.
10. Trial process depends on severity:
    Less severe cases under this section can be tried by any magistrate, while more severe cases, especially those involving permanent harm or group attacks, are tried in higher courts.

Two Examples of BNS Section 117

1. Example 1:
   Person A intends to break Person B’s arm in a fight. However, A’s action causes permanent damage to B’s eyesight instead. Even though the intended injury was different, A is still guilty of causing grievous hurt under BNS Section 117.
2. Example 2:
   A group of five people attacks someone because of their caste. The group causes serious injuries to the person, leading to a permanent disability. Each member of the group is guilty under BNS Section 117 for causing grievous hurt.

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BNS 117 Punishment

Imprisonment: A person may be imprisoned for up to seven years or life in cases of extreme injury.

Fine: In addition to imprisonment, the guilty person is also liable to pay a fine.

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BNS 117 bailable or not ?

Non-bailable: In cases of severe injury, especially involving permanent disability or group action, the offense is non-bailable. For less severe cases, bail may be granted.

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Bharatiya Nyaya Sanhita Section 117

Clause	Description	Punishment	Bailable or Not	Trial by
117(2)	Voluntarily causing grievous hurt intentionally or knowingly	Imprisonment up to 7 years, fine	Bailable	Any Magistrate
117(3)	Causes permanent disability or vegetative state	Imprisonment not less than 10 years, up to life	Non-bailable	Court of Session
117(4)	Group of 5 or more persons causing grievous hurt based on race, caste, etc.	Imprisonment up to 7 years, fine	Non-bailable	Court of Session

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BNS Section 117 FAQs

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