Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 117: Voluntarily causing grievous hurt.
- (1) Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt.
Explanation.— A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
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.
- (2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
- (3) Whoever commits an offence under sub-section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.
- (4) When a group of five or more persons acting in concert, causes grievous hurt to a person on the ground of his race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Brief Detail
BNS Section 117 focuses on the crime of voluntarily causing grievous hurt. It explains that if someone intentionally or knowingly causes severe harm, they are guilty of this offence. The punishment varies depending on the severity of the injury caused, ranging from seven years to life imprisonment. It also addresses group offences where harm is inflicted based on discriminatory factors such as race, caste, or gender.
Question & Answers
Q1. What constitutes voluntarily causing grievous hurt under BNS Section 117?
A1. Voluntarily causing grievous hurt occurs when a person intentionally or knowingly causes severe harm, which results in grievous hurt, even if the kind of hurt caused differs from what was intended.
Q2. What is the punishment for voluntarily causing grievous hurt as per BNS Section 117?
A2. The punishment can extend to seven years of imprisonment and a fine. If the injury causes permanent disability or a vegetative state, the punishment is rigorous imprisonment of at least ten years, extending to life imprisonment.
Q3. What happens if grievous hurt is caused by a group of people acting in concert?
A3. If five or more people cause grievous hurt based on discriminatory factors like race, caste, or gender, each member of the group is guilty of the offence and can be punished with imprisonment for up to seven years, along with a fine.
Q4. Can a person be guilty if they intended to cause one type of hurt but caused another?
A4. Yes, if a person intends or knows they are likely to cause grievous hurt of one kind but ends up causing a different kind of grievous hurt, they are still considered guilty of voluntarily causing grievous hurt.
Example
Scenario 1:
A, while intending to permanently disfigure B's face, strikes B. However, B is not permanently disfigured but suffers severe pain for 15 days. In this case, A has voluntarily caused grievous hurt even though the intended injury was different.
Scenario 2:
A group of six people attacks an individual based on their caste, resulting in grievous hurt. All six members of the group are guilty of the offence and are liable to be punished with imprisonment for up to seven years.
Summary
BNS Section 117 defines and outlines the consequences of voluntarily causing grievous hurt, whether by an individual or a group. The law differentiates between different types of grievous hurt and imposes varying degrees of punishment, with serious consequences for injuries that lead to permanent disability or vegetative states. Additionally, it holds groups accountable for causing harm based on discriminatory grounds.
