Hurt and Grievous Hurt under the Bharatiya Nyaya Sanhita, 2023
This article explains the concepts of hurt and grievous hurt under the Bharatiya Nyaya Sanhita, 2023, highlighting definitions, differences, and penalties.
The concepts of “hurt” and “grievous hurt” are vital to understanding bodily offences in criminal law. Under the Bharatiya Nyaya Sanhita, 2023 (BNS)—India’s reformed criminal code replacing the Indian Penal Code, 1860—these terms continue to carry significant implications in matters of personal injury, assault, and physical violence. The classification of harm as either “hurt” or “grievous hurt” determines the severity of punishment and the nature of trial, and thus impacts the administration of criminal justice.
This article delves into the definitions, elements, distinctions, legal provisions, illustrations, judicial interpretations, and practical implications of hurt and grievous hurt under the Bharatiya Nyaya Sanhita, 2023.
Statutory Framework under the Bharatiya Nyaya Sanhita, 2023
Hurt (Section 114)
Section 114 of the BNS defines hurt as follows:
“Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”
This provision is identical in language to Section 319 of the IPC, preserving the traditional understanding while integrating it into the new framework.
Essential Ingredients of Hurt
To constitute the offence of hurt, the following three essential ingredients must be satisfied:
1. Bodily Pain
- This includes any physical discomfort, injury, or trauma inflicted on the body.
- Even a minor act like slapping or pinching, if it results in pain, qualifies as hurt.
2. Disease
- If the accused knowingly or negligently transmits a disease to another (e.g., through infected needles, contaminated food), it is deemed to be hurt.
- This includes both communicable and non-communicable diseases when caused intentionally or negligently.
3. Causing of Infirmity
- Infirmity refers to any temporary or permanent impairment of a person’s physical or mental capacity.
- It can result in a loss of strength, an inability to perform normal functions, or temporary disability.
- For instance, rendering someone unconscious or paralysing a limb—even temporarily—can amount to hurt.
Grievous Hurt (Section 116)
Section 116 of the Bharatiya Nyaya Sanhita, 2023 defines grievous hurt as certain types of serious bodily injuries that go beyond ordinary hurt (which only causes temporary pain or discomfort). These are severe in nature and often involve permanent damage, long-lasting suffering, or even life-threatening consequences.
It is similar in content and spirit to Section 320 of the Indian Penal Code (IPC).
What Constitutes Grievous Hurt?
The following injuries are considered “grievous” under Section 116:
Emasculation: Means depriving a male of his masculine power — usually refers to the loss of reproductive ability or injury to sexual organs.
Permanent loss of sight of either eye: If a person loses vision in one or both eyes and the loss is irreversible.
Permanent loss of hearing of either ear: If a person becomes permanently deaf in one or both ears.
Loss of any limb or joint: If a hand, leg, arm, or any joint like the elbow/knee is completely lost (e.g., due to amputation).
Permanent impairment of the function of any limb or joint: The limb or joint is present but cannot function normally (e.g., a paralysed leg or stiff joint).
Permanent disfigurement of the head or face: Any injury that causes visible and lasting change in a person’s appearance (e.g., deep scars, acid burns, facial deformation).
Fracture or dislocation of a bone or tooth: Even a broken bone (like a finger) or dislocated joint (like a shoulder) qualifies. A broken tooth is also included.
Any hurt that:
- Endangers the life of the victim,
- Or causes the person severe bodily pain for 15 days,
- Or renders the victim unable to perform normal daily activities (such as eating, walking, or working) for 20 days or more.
Key Ingredients of Grievous Hurt
1. Nature of Injury Must Be Severe
The injury must fall under any of the specific categories listed in Section 116, such as:
- Fracture or dislocation
- Loss of sight/hearing
- Permanent disfigurement
- Life-endangering hurt
- Long-lasting pain or disability (15 days)
2. Actual Physical Harm
There must be clear evidence of physical damage to the body, which is not superficial or temporary. Medical reports or expert testimony often support this.
3. Permanent or Long-Term Impact
The injury must either:
- Permanently impair a body part, or
- Render the victim incapable of performing normal daily tasks for 15 days, or
- Cause life-threatening harm.
4. Intention or Knowledge
Though Section 116 defines grievous hurt in terms of result, punishment under related sections depends on:
- Whether the act was done intentionally or
- With knowledge that such harm was likely.
5. Medical Examination
A certified medical report or doctor’s testimony is generally required to prove:
- Nature and extent of the injury
- Whether the injury qualifies under any of the specific clauses of Section 116
6. Not a Result of Consent or Lawful Act
If the hurt is caused during:
- Lawful medical procedure, or
- With the victim’s consent (under certain circumstances),
- it may not amount to criminal grievous hurt.
Voluntarily Causing Hurt (Section 115)
Sub-section (1) of Section 115 outlines the essential mental and physical elements of the offence. A person is said to voluntarily cause hurt when they do any act with the intention to cause hurt or with the knowledge that such an act is likely to cause hurt, and as a result of that act, hurt is actually caused. The presence of intention or knowledge is crucial; mere accidental harm without these elements does not fall under this provision. Therefore, both the mens rea (guilty mind) and actus reus (guilty act) must exist simultaneously.
Sub-section (2) prescribes the punishment for voluntarily causing hurt. It provides that any person, except in cases covered by Section 122(1) (which deals with grave and sudden provocation), shall be punishable with imprisonment up to one year, or with a fine up to ₹10,000, or with both. This indicates that the offence is generally minor and is usually dealt with as a bailable and non-cognizable offence unless accompanied by aggravating factors.
Voluntarily causing Grievous Hurt (Section 117)
Explanation attached to Section 117 signifies that a person is said to voluntarily cause grievous hurt only when two conditions are fulfilled: (i) grievous hurt is actually caused, and (ii) there is intention or knowledge of causing such grievous hurt. However, even if the type of grievous hurt caused is different from what was intended or foreseen, it will still amount to voluntarily causing grievous hurt under the law.
Illustration:
A, intending of knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face, but which causes Z to suffer severe bodily pain for the space of fifteen days. A has voluntarily caused grievous hurt.
Voluntarily Causing Hurt or Grievous Hurt by Dangerous Weapons or Means (Section 118)
A person who voluntarily causes hurt using dangerous weapons or means—such as firearms, sharp instruments, fire, poison, corrosive or explosive substances, harmful inhalants or ingestible materials, or animals—may be punished with imprisonment up to three years, a fine up to ₹20,000, or both.
If such an act causes grievous hurt, the punishment increases to life imprisonment or imprisonment ranging from one to ten years, along with a fine, unless the case falls under exceptions provided in Section 122.
Voluntarily Causing Hurt or Grievous Hurt to Extort Property or to Constrain to an Illegal Act (Section 119)
Anyone who voluntarily causes hurt to a person or someone connected to them, with the intent to extort property, valuable security, or to force them into committing an illegal act or assisting in an offence, can be punished with imprisonment up to ten years and fine. If grievous hurt is caused for the same purpose, the punishment may extend to life imprisonment or up to ten years, along with a fine.
Voluntarily Causing Hurt to Extort Confession or Compel Restoration of Property (Section 120)
Whoever voluntarily causes hurt to obtain a confession, extract information about an offence or misconduct, or to compel the victim (or someone connected) to restore property, satisfy a claim, or provide information leading to such restoration, is punishable with imprisonment up to seven years and fine.
Illustration:
(a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.
Voluntarily Causing Hurt or Grievous Hurt to Deter Public Servant from Duty (Section 121)
Anyone who voluntarily causes hurt or grievous hurt to a public servant while they are performing their official duties, or with the intent to prevent or retaliate against such lawful discharge of duty, shall face imprisonment up to five years and/or fine for hurt. If grievous hurt is caused, the punishment shall be not less than one year, extendable up to ten years, along with fine.
Voluntarily Causing Hurt or Grievous Hurt on Provocation (Section 122)
If a person causes hurt or grievous hurt due to grave and sudden provocation, and does not intend or know it likely to harm anyone other than the provoker, the law provides a reduced punishment—up to one month or ₹5,000 fine for hurt, and up to five years or ₹10,000 fine for grievous hurt. However, this relief does not apply if the provocation was self-induced, came from a lawful act by a public servant, or was given in the exercise of the right of private defence, as stated in Exception 1 to Section 101 of the BNS.
Causing Hurt by Means of Poison, etc., with Intent to Commit an Offence (Section 123)
Anyone who administers or causes another to consume poison, intoxicating, stupefying, or harmful substances, with the intent to cause hurt or to commit or facilitate an offence, or knowing it is likely to cause hurt, shall be punished with imprisonment up to ten years and fine.
Voluntarily Causing Grievous Hurt by Use of Acid, etc.
Anyone who causes grievous hurt by throwing or administering acid or any similar corrosive substance, intending or knowing it likely to cause damage, disfigurement, or permanent injury—including a vegetative state—shall be punished with imprisonment of not less than 10 years, extendable to life imprisonment, along with a fine payable to the victim to cover medical expenses. An attempt to commit such an act is punishable with imprisonment of 5 to 7 years and fine.
“Acid” includes any corrosive substance capable of causing burns, scars, or disability, whether reversible or not.
Important Case Laws
[1] Prabhu v. State of M.P., (2008)
In this case, the appellant Prabhu was initially convicted under Section 302 IPC (now Section 103 BNS) for murder, but the Supreme Court reduced the conviction to Section 326 (now Section 118 BNS) read with Section 34 IPC [now Section 3(5) BNS] for causing grievous hurt with common intention. The Court found that while the co-accused inflicted fatal injuries, Prabhu had only used a stick, and the common intention to kill was not established. Considering the nature of injuries and his role, the sentence was reduced to five years' rigorous imprisonment.
[2] Richhpal Singh Meena v. Ghasi @ Ghisa, (2014)
In this case, the Supreme Court reinstated the conviction of the accused under Section 302 IPC (now Section 103 BNS) for the murder of Sunderlal Meena, who died from grievous injuries inflicted during a land dispute. The trial court had convicted Ghasi and Lala under Section 302 IPC, but the High Court wrongly reduced it to Section 325 IPC (Section 117 BNS), ignoring that a homicide had occurred. The Supreme Court emphasised that when death results from intentional violence, courts must determine whether it constitutes culpable homicide or murder, and not simply reduce it to "grievous hurt."
Differences between Hurt and Grievous Hurt
| Aspect | Hurt | Grievous Hurt |
|---|---|---|
| Definition | Bodily pain, disease, or infirmity caused | Serious injury under eight legally defined categories |
| Severity | Less serious | More serious and long-lasting |
| Types of Injuries | Minor, non-permanent | Permanent or life-threatening |
| Permanence | Usually temporary | Often permanent or with long-term impact |
| Proof Requirement | May not require medical evidence | Often requires medical report or expert testimony |
Conclusion
The classification of “hurt” and “grievous hurt” under the Bharatiya Nyaya Sanhita is foundational to India’s criminal law enforcement in cases involving bodily harm. While the definitions have been carried forward from the IPC, the BNS provides an opportunity to reinterpret and enforce them with renewed vigour in line with modern principles of justice, victim rights, and forensic advancements.
For law enforcement, judiciary, and litigants alike, understanding the precise threshold between hurt and grievous hurt is essential not only for securing justice but also for ensuring proportionality in sentencing and legal procedures.
References
[1] Bharatiya Nyaya Sanhita, 2023
[2] Indian Penal Code, 1860
[3] Prabhu v. State of M.P., (2008) AIR 2009 SC 745
[4] Richhpal Singh Meena v. Ghasi @ Ghisa, Criminal Appeal No. 341 of 2005
