Grievous hurt
Also called: Voluntarily causing grievous hurt
The kinds of hurt listed in Section 116 of the BNS, such as emasculation, permanent loss of sight or hearing, fracture, or hurt endangering life or causing fifteen days of severe pain.
Explained
Section 114 of the BNS defines hurt as causing bodily pain, disease or infirmity. Section 116 then designates only the following kinds of hurt as grievous: emasculation; permanent privation of the sight of either eye; permanent privation of the hearing of either ear; privation of any member or joint; destruction or permanent impairing of the powers of any member or joint; permanent disfiguration of the head or face; fracture or dislocation of a bone or tooth; and any hurt which endangers life or which causes the sufferer to be, during fifteen days, in severe bodily pain or unable to follow his ordinary pursuits. The list is exhaustive. Earlier the provision was Section 320 of the IPC, which fixed the period at twenty days; the BNS has reduced it to fifteen.
Section 117(1) states when a person voluntarily causes grievous hurt: he must both cause grievous hurt and intend, or know himself likely, to cause grievous hurt. Under the Explanation, it is enough that he intended or knew he was likely to cause grievous hurt of one kind and actually caused grievous hurt of another kind. Section 117(2) prescribes imprisonment up to seven years and fine. The BNS adds Section 117(3), punishing hurt causing permanent disability or a persistent vegetative state with at least ten years, and Section 117(4), punishing grievous hurt by a group of five or more acting in concert on grounds such as race, caste, community, sex or language.
Aggravated forms include grievous hurt by dangerous weapons or means under Section 118, grievous hurt by acid under Section 124, and the lesser punishment where grievous hurt is caused on grave and sudden provocation under Section 122(2). Grievous hurt also matters to the general exceptions: under Section 38(b), the right of private defence of the body extends to causing death against an assault that reasonably causes apprehension of grievous hurt.
Examiners test the exact clauses, the change from twenty to fifteen days, and the Explanation to Section 117 on intention for one kind but causing another.
What the law says
The following kinds of hurt only are designated as “grievous”, namely:—
(a) Emasculation;
(b) Permanent privation of the sight of either eye;
Lists the kinds of hurt designated grievous
Earlier law: IPC 320. 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.
Voluntarily causing grievous hurt and its punishment
Earlier law: IPC 322. Voluntarily causing grievous hurt.; 325. Punishment for voluntarily causing grievous hurt.
Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
Defines hurt, the base concept
Earlier law: IPC 319. Hurt
(b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
(c) an assault with the intention of committing rape;
(d) an assault with the intention of gratifying unnatural lust;
Private defence extends to death on apprehension of grievous hurt
Earlier law: IPC 100. When the right of private defence of the body extends to causing death.
(b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide.
(c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B.
(d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within sub-section (3) of this section.
Illustration (b): later death permits fresh trial for culpable homicide
Earlier law: CRPC 300. Person once convicted or acquitted not to be tried for same offence.
Earlier law: Section 320, IPC
Example
Illustration to Section 117 of the BNS: A, intending or knowing himself likely permanently to disfigure Z's face, gives Z a blow which does not disfigure Z's face but causes Z severe bodily pain for fifteen days. A has voluntarily caused grievous hurt.
For the exam
- Section 116 BNS; earlier Section 320 IPC. The list of eight kinds is exhaustive.
- Severe pain or inability to follow ordinary pursuits for 15 days now; it was 20 days under the IPC.
- Section 117 needs both actual grievous hurt and intention or knowledge of likely grievous hurt.
- Intending one kind and causing another kind still counts (Explanation to Section 117).
- Private defence may extend to death on reasonable apprehension of grievous hurt (Section 38(b)).
331 questions in the Law Maker question bank use this term. Practise Bharatiya Nyaya Sanhita questions
Judgments
Related terms
- InjuryUnder Section 2(14) of the BNS, any harm whatever illegally caused to any person in body, mind, reputation or property.
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
- Autrefois acquitA plea that the accused has already been tried by a competent court and acquitted of the same offence, so he cannot be tried again for it (Section 337, BNSS).
- Actus reusThe physical or external element of a crime: the conduct (act or illegal omission), with its circumstances and consequences, that the law forbids.
- Mens reaThe mental element of a crime, such as intention, knowledge, dishonesty or rashness, which together with the physical act (actus reus) ordinarily constitutes an offence.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.