Introduction of BNS Section 118
What happens if someone uses a knife, gun, acid, or poison to cause injury? Section 118 of the Bharatiya Nyaya Sanhita (BNS), 2023, answers this question. This law deals with hurt and grievous hurt caused by dangerous weapons or harmful substances, and it prescribes strict punishments—from imprisonment to life sentence—depending on the severity of harm. Replacing IPC Sections 324 and 326, it brings clarity and stronger protection against violent crimes. In this blog, we explain Section 118 in simple language, highlight punishments, share real-life examples, and compare it with the old IPC provisions.
It replaces provisions from the old Indian Penal Code (IPC):
- BNS Section 118(1) corresponds to IPC Section 324
- BNS Section 118(2) corresponds to IPC Section 326
- Introduction of BNS Section 118
- What is BNS Section 118?
- BNS 118(1) in Simple Points
- BNS 118(2) in Simple Points
- Section 118 BNS Overview
- BNS Section 118 – 10 Key Points
- 1. Use of Dangerous Weapons or Harmful Substances
- 2. Difference Between Hurt and Grievous Hurt
- 3. Punishment for Causing Hurt (118(1))
- 4. Punishment for Causing Grievous Hurt (118(2))
- 5. Life Imprisonment for Severe Cases
- 6. Non-Bailable Nature of the Offense
- 7. Cognizable Offense – Police Can Arrest Without Warrant
- 8. Trial by Magistrates
- 9. Protection of Society from Violent Crimes
- 10. Serious Consequences for Victims and Accountability for Offenders
- Punishment Table for BNS Section 118
- Examples of BNS Section 118
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 118?
BNS Section 118 ensures strict punishment for anyone who causes hurt or grievous hurt using dangerous weapons or harmful substances. The law treats these offenses seriously because they involve methods that can cause lasting or life-threatening injuries.
Bare Act – BNS Section 118
(1) Whoever, by using dangerous weapons or harmful means such as fire, poison, acid, explosive substances, or deadly weapons (knife, gun, etc.), voluntarily causes hurt shall be punished with imprisonment up to 3 years, or fine up to ₹20,000, or both.
(2) Whoever, by using the same dangerous weapons or harmful means, voluntarily causes grievous hurt shall be punished with imprisonment not less than 1 year, which may extend up to 10 years, or imprisonment for life, along with fine.
This provision combines and updates the old IPC Sections 324 and 326 into one structured section under the Bharatiya Nyaya Sanhita, 2023.
Section 118 deals with hurt and grievous hurt caused using dangerous methods. The law treats these crimes as more serious than ordinary assault because they involve deadly weapons or harmful substances capable of causing lasting or life-threatening injuries.
- 118(1) – Causing Hurt:
If someone uses a dangerous weapon (knife, gun) or harmful substance (acid, poison) to cause a non-serious injury, it still counts as a crime. Example: a deep cut that heals but was caused with a knife. - 118(2) – Causing Grievous Hurt:
If the injury is serious or life-altering (fracture, permanent disability, burns, disfigurement), the punishment is much stricter. Example: an acid attack that blinds the victim.
In short: Ordinary hurt with a weapon = lighter punishment; grievous hurt with a weapon = much heavier punishment, even life imprisonment.
Key Elements of Section 118
- Use of dangerous means → Knife, gun, acid, poison, explosives, fire.
- Two levels of harm → Ordinary hurt and serious grievous hurt.
- Intention or knowledge → Offender must have intended or known their act would cause harm.
- Punishment differs → Lesser for ordinary hurt, severe for grievous hurt.
- Life imprisonment possible → In extreme cases like acid attacks or brutal violence.
- Non-bailable offence → Accused cannot easily get bail.
- Cognizable offence → Police can arrest without a warrant.
- Trial →
- 118(1): Any Magistrate.
- 118(2): Magistrate of the First Class.
- Public safety focus → Law aims to discourage the use of weapons in disputes.
- Foundation for accountability → Ensures offenders face strict consequences for violent crimes.
Examples of BNS Section 118
- Example 1 – Knife attack (hurt):
A stabs B in the arm, causing a deep cut but no permanent injury. → Punishable under 118(1). - Example 2 – Knife attack (grievous hurt):
A stabs B in the chest, breaking ribs and causing permanent damage. → Punishable under 118(2). - Example 3 – Acid attack:
A throws acid on B’s face, causing permanent scars and loss of eyesight. → Punishable under 118(2), may extend to life imprisonment. - Example 4 – Poisoning:
A mixes poison in B’s drink, causing serious illness. → Punishable under 118(2). - Example 5 – Fire or explosives:
A sets fire to B’s shop during a fight, and B suffers burns. → Punishable under 118(2).
Why Section 118 is Important
- Protects society → Prevents violent crimes with weapons or harmful substances.
- Ensures proportionate punishment → Ordinary hurt vs grievous hurt are treated differently.
- Recognizes modern crimes → Covers acid attacks and poisonings specifically.
- Stricter than simple assault → Even small injuries are punished if caused by deadly means.
- Strong deterrent → Life imprisonment possible for extreme cases.
- Modernized law → Brings together IPC Sections 324 & 326 under one streamlined section.
BNS 118(1) in Simple Points
Causing Hurt with Dangerous Weapons
- Covers cases where someone uses dangerous items like a knife, gun, poison, acid, or fire to cause hurt (non-serious injury).
- Punishment: Imprisonment up to 3 years, or a fine up to ₹20,000, or both.
- Nature of Offense: Non-bailable (hard to get bail before trial).
- Trial: Can be tried by any Magistrate.
- Cognizable: Police can arrest without a warrant.
BNS 118(2) in Simple Points
Causing Grievous Hurt with Dangerous Weapons
- Applies when someone uses weapons or harmful means (like stabbing, shooting, or acid attack) to cause grievous hurt.
- Punishment: Imprisonment from 1 year up to 10 years, or even life imprisonment in severe cases, plus a fine.
- Nature of Offense: Non-bailable.
- Trial: Handled by a Magistrate of the First Class.
- Cognizable: Police can arrest without a warrant.
Section 118 BNS Overview
- Covers both hurt and grievous hurt caused using dangerous methods.
- Different punishments depending on severity: lighter for hurt, harsher for grievous hurt.
- Ensures public safety by discouraging the use of weapons and harmful substances in violent acts.
BNS Section 118 – 10 Key Points
Use of dangerous weapons or harmful substances is the main focus of BNS Section 118. It applies when hurt or grievous hurt is caused using knives, guns, poison, fire, acid, or explosives. These methods are considered especially serious because they can cause permanent or life-threatening injuries. By treating such acts separately, the law recognizes that these weapons pose a greater risk to human life and public safety compared to ordinary assaults.
Difference between hurt and grievous hurt is clearly highlighted in this section. Hurt usually means simple injuries such as cuts or bruises that heal without long-term effects. Grievous hurt refers to more serious injuries like fractures, loss of eyesight, permanent disfigurement, or wounds that endanger life. This separation ensures punishments are proportionate to the severity of harm caused.
Punishment for causing hurt under BNS 118(1) applies when a dangerous weapon is used but the injury is not grievous. The offender may face up to three years of imprisonment, a fine of up to ₹20,000, or both. Even if the harm is minor, the very use of a dangerous weapon makes the act a serious offence, preventing offenders from escaping lightly.
Punishment for causing grievous hurt under BNS 118(2) is much stricter. If a dangerous weapon or harmful substance is used to cause serious or life-altering injuries, the offender may face imprisonment between one and ten years, or even life imprisonment, along with a fine. This ensures accountability when the victim suffers permanent disability, disfigurement, or long-term trauma.
Life imprisonment for severe cases is possible when grievous hurt leads to devastating or life-threatening outcomes. Acid attacks that cause blindness or severe burns fall into this category. Such punishment reflects the law’s commitment to protecting victims and punishing the harshest crimes with the strictest penalties.
Non-bailable nature of the offence makes sure that offenders cannot easily secure bail. They must apply to the court instead of getting quick release from the police. This restriction highlights the seriousness of the crime and ensures victims feel safer.
Cognizable offence status gives police the authority to arrest without a warrant. This allows immediate action in situations involving weapons or harmful substances, preventing delays that could endanger more people.
Trial by magistrates depends on the type of offence. Cases under 118(1) can be tried by any Magistrate, while grievous hurt cases under 118(2) must be handled by a Magistrate of the First Class. This ensures serious cases are dealt with by more experienced judges.
Protection of society from violent crimes is one of the key purposes of this law. Even if an argument starts small, the moment weapons or acid are used, it becomes a grave crime. Section 118 ensures such actions are punished strictly, creating a safer environment and discouraging violent methods.
Serious consequences for victims and accountability for offenders are recognized in this section. Victims may suffer permanent disability, physical pain, or lifelong trauma. By allowing punishments up to life imprisonment, the law ensures offenders face consequences equal to the harm caused, while victims receive justice for their suffering.
Punishment Table for BNS Section 118
| Clause | Offence | Punishment | Bailable/Not | Trial By |
|---|---|---|---|---|
| 118(1) | Voluntarily causing hurt using dangerous weapons/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/harmful means | Imprisonment 1–10 years, or life imprisonment + fine | Non-bailable | Magistrate of the First Class |
Examples of BNS Section 118
- Example 1: A person stabs another during a fight, causing a deep injury. This falls under 118(1) if the injury is minor, or 118(2) if it is grievous.
- Example 2: Throwing acid on someone, causing severe burns and permanent scars. This falls under 118(2) and can lead to life imprisonment.
Comparison Table BNS Section 118 vs IPC
| Point | BNS Section 118 | IPC Provisions |
|---|---|---|
| Hurt with dangerous weapons | 118(1): up to 3 years + fine | Section 324 IPC |
| Grievous hurt with dangerous weapons | 118(2): 1–10 years or life imprisonment + fine | Section 326 IPC |
| Bailability | Both offences non-bailable | Same under IPC |
| Modern Update | Integrated into BNS 2023 for clarity | Part of IPC (1860), now repealed |
Conclusion
Section 118 of the BNS is a powerful law against violent crimes involving weapons, fire, acid, poison, or explosives. By distinguishing between hurt and grievous hurt, it ensures proportionate punishments—from short imprisonment to life sentences. This law not only punishes offenders but also protects society by deterring the use of deadly methods in disputes. By replacing IPC Sections 324 and 326, Section 118 gives India a modern and stricter framework to deal with crimes that leave victims with permanent scars and lifelong trauma.
Need Legal Support?
If you’re facing court proceedings, marriage-related issues, or any legal matter, our team at Marriage Solution – Lawyer Help is ready to guide you. Just complete our easy online enquiry form, and we’ll connect you with the right legal assistance tailored to your needs.