Section 116 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 116 of the Bharatiya Nyaya Sanhita (BNS), 2023, defines "grievous hurt", specifying the types of serious injuries that qualify as grievous under Indian law. This provision is largely consistent with the corresponding section in the Indian Penal Code (IPC), 1860, and is part of Chapter VI, which deals with offenses affecting the human body.
📜 Text of Section 116: Grievous Hurt
Section 116: The following kinds of hurt only are designated as "grievous", namely:(thelawadvice.com)
(a) Emasculation;
(b) Permanent privation of the sight of either eye;
(c) Permanent privation of the hearing of either ear;
(d) Privation of any member or joint;
(e) Destruction or permanent impairing of the powers of any member or joint;
(f) Permanent disfiguration of the head or face;
(g) Fracture or dislocation of a bone or tooth;
(h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.
⚖️ Legal Context
Section 116 of the BNS, 2023 is a verbatim reproduction of Section 320 of the Indian Penal Code (IPC), 1860, which also enumerates the types of injuries considered grievous. The BNS, 2023 aims to modernize and address key areas within India’s criminal law, providing a more comprehensive legal framework for justice.
🧾 Key Provisions
Emasculation: Loss of male reproductive ability.
Permanent loss of sight or hearing: Complete and irreversible loss of vision in one or both eyes, or hearing in one or both ears.
Loss of a member or joint: Amputation or loss of function of a limb or joint.
Permanent disfiguration: Irreversible scarring or alteration of appearance, especially on the head or face.
Fractures or dislocations: Breaks or misalignments of bones or teeth.
Life-endangering injuries: Injuries that pose a threat to life or cause severe pain for at least 15 days, or render the person unable to perform daily activities.
🔄 Comparison with IPC
The definition of grievous hurt in Section 116 of the BNS, 2023 mirrors that in Section 320 of the IPC, 1860. Notably, the BNS reduces the duration for which a person must experience severe bodily pain from 20 days (under the IPC) to 15 days. This change aims to align with contemporary medical understanding and to ensure timely justice for victims.
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