BNS Section 118

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Introduction of BNS Section 118

BNS Section 118 covers situations where a person causes hurt or grievous hurt using dangerous weapons or harmful methods, like shooting, stabbing, fire, or poison. This section provides clear definitions of the offenses and the punishments for these actions, depending on the severity of the injury caused.

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The Bharatiya Nyaya Sanhita (BNS) Section 118(1) replaces the old Indian Penal Code (IPC) Section 324.

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The Bharatiya Nyaya Sanhita (BNS) Section 118(2) replaces the old Indian Penal Code (IPC) Section 326.

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What is BNS Section 118 ?

BNS Section 118 deals with situations where someone intentionally causes hurt or grievous hurt using dangerous weapons or harmful means, like guns, knives, fire, poison, or explosives. The section sets out the punishments based on the seriousness of the injury and the type of weapon or method used.

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BNS 118(1) in Simple Points

BNS Section 118(1): Causing Hurt with Dangerous Weapons

1. Causing Hurt with Dangerous Means:
   This section covers cases where someone causes hurt using dangerous weapons or substances like poison, fire, or acid.
2. Punishment for Hurt:
   The punishment for causing hurt in these cases can extend up to 3 years in jail, a fine of 20,000 rupees, or both.
3. Non-Bailable Offense:
   Causing hurt with dangerous weapons is a non-bailable offense, meaning the accused cannot easily get bail before trial.
4. Tried by Any Magistrate:
   Cases under this subsection can be handled by any Magistrate.
5. Cognizable Offense:
   The police can arrest the person without needing a warrant because this is a serious offense.

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BNS 118(2) in Simple Points

BNS Section 118(2): Causing Grievous Hurt with Dangerous Weapons

1. Grievous Hurt with Dangerous Means:
   This section applies when someone causes grievous hurt using dangerous weapons or harmful methods, like stabbing, shooting, or poisoning.
2. Punishment for Grievous Hurt:
   The punishment for grievous hurt is more severe, ranging from 1 year to 10 years in prison, or even life imprisonment, depending on the case.
3. Life Imprisonment for Severe Cases:
   In extreme cases, such as when the injury is life-threatening or permanently disabling, the guilty person can face life imprisonment.
4. Non-Bailable Crime:
   Causing grievous hurt with dangerous weapons is non-bailable, making it difficult for the accused to get bail before their trial.
5. Tried by Magistrate of First Class:
   Cases under this subsection are more serious and are handled by a Magistrate of the first class.

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Section 118 BNS Overview

BNS Section 118 defines the offense of causing hurt or grievous hurt using dangerous weapons or harmful substances. It outlines different punishments for regular hurt and grievous hurt, depending on the severity and type of injury caused.

BNS Section 118 (10 Key Points )

1. Use of Dangerous Weapons:
   The section applies when someone uses dangerous weapons like guns, knives, or harmful substances such as poison, acid, or fire.
2. Voluntarily Causing Hurt:
   If the injury is not serious, the act is classified as “hurt,” and the punishment is lighter compared to grievous hurt.
3. Grievous Hurt with Dangerous Means:
   If the injury is serious and leads to permanent damage (like losing a limb or severe burns), it is classified as grievous hurt, and the punishment is harsher.
4. Imprisonment for Hurt:
   For causing regular hurt with dangerous weapons, the punishment can be imprisonment for up to 3 years, along with a fine of up to 20,000 rupees.
5. Life Imprisonment for Grievous Hurt:
   In grievous hurt cases, the punishment can range from 1 year to 10 years in prison, or even life imprisonment, depending on the severity.
6. Fine in Grievous Hurt Cases:
   Besides imprisonment, those guilty of grievous hurt must also pay a fine, which the court will decide.
7. Non-Bailable Offense:
   This offense is non-bailable, meaning the accused cannot easily secure bail before their trial.
8. Cognizable Offense:
   Police can arrest the accused without a warrant because this is a cognizable offense, meaning it is taken very seriously.
9. Tried by a Magistrate:
   Cases involving regular hurt are handled by any Magistrate, while grievous hurt cases are tried by a Magistrate of the first class.
10. Serious Consequences for Grievous Hurt:
    If the injury caused is grievous and leads to permanent damage or long-term suffering, the person responsible faces severe consequences, including life imprisonment.

Examples of BNS Section 118

1. Example 1:
   A person stabs another person during an argument, causing a deep wound. Since a dangerous weapon (knife) was used, the attacker would be punished under BNS Section 118 for causing hurt.
2. Example 2:
   A person throws acid at someone, causing severe burns and permanent disfigurement. This would fall under BNS Section 118 for causing grievous hurt, and the attacker could face life imprisonment.

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BNS 118 Punishment

Imprisonment:
For causing hurt, imprisonment can be up to 3 years. For causing grievous hurt, imprisonment can range from 1 year to life imprisonment, depending on the severity.

Fine:
In cases of hurt, a fine of up to 20,000 rupees can be imposed. For grievous hurt, the fine is also applicable along with imprisonment.

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BNS 118 bailable or not ?

Non-bailable:
Both offenses of causing hurt and grievous hurt under Section 118 are non-bailable, meaning it is difficult for the accused to get bail before trial.

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Bharatiya Nyaya Sanhita Section 118

Clause	Description	Punishment	Bailable or Not	Trial by
118(1)	Voluntarily causing hurt using dangerous weapons or harmful means	Imprisonment up to 3 years or fine up to ₹20,000, or both	Non-bailable	Any Magistrate
118(2)	Voluntarily causing grievous hurt using dangerous weapons or harmful means	Imprisonment for life or imprisonment between 1 to 10 years and fine	Non-bailable	Magistrate of the first class

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BNS Section 118 FAQs

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