Section 118 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 118 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offence of voluntarily causing hurt or grievous hurt using dangerous weapons or means.
📜 Text of Section 118
Section 118 – Voluntarily Causing Hurt or Grievous Hurt by Dangerous Weapons or Means
Whoever, except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both.
Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.
🔍 Key Elements
Scope of Offence: This section applies to individuals who voluntarily cause hurt or grievous hurt using dangerous weapons or means.)
Definition of Dangerous Weapons or Means: Includes instruments for shooting, stabbing, or cutting; fire or heated substances; poison or corrosive substances; explosive substances; substances harmful to the human body; and animals.
Punishment for Hurt: Imprisonment for up to three years, a fine up to ₹20,000, or both.
Punishment for Grievous Hurt: Imprisonment for life or imprisonment for a term not less than one year but up to ten years, along with a fine
⚖️ Legal Context
Section 118 of the BNS, 2023 aligns with Section 324 and Section 326 of the Indian Penal Code (IPC), which deal with voluntarily causing hurt and grievous hurt using dangerous weapons or means, respectively. However, the BNS provides a more detailed framework, including specific exceptions and clearer definitions, to address contemporary concerns related to the use of dangerous weapons and substances.
📌 Legal Implications
This provision is significant in ensuring accountability for individuals who cause harm using dangerous means. It emphasizes the severity of the offence based on the means used to inflict harm, thereby deterring the use of dangerous weapons and substances in committing crimes.
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