IPC 326 to BNS 118(2): Voluntarily causing grievous hurt by dangerous weapons or means
Section 326 IPC (1860) replaced by Section 118(2) BNS (2023)
IPC 326 to BNS 118(2) at a Glance
Section 326 IPC (Voluntarily causing grievous hurt by dangerous weapons or means) is now Section 118(2) BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 326 to BNS 118(2)?
Section 326 IPC is succeeded by Section 118(2) BNS. Under the Bharatiya Nyaya Sanhita, hurt and grievous hurt by dangerous weapons are consolidated into Section 118 BNS. Rather than repeating the list of dangerous weapons, sub-section 2 incorporates them by referencing sub-section 1. Crucially, Section 118(2) BNS introduces a mandatory minimum sentence of one year imprisonment when life imprisonment is not awarded, prescribing a term between one year and ten years. The provocation exception refers to Section 122(2) BNS instead of Section 335 IPC.
IPC 326 vs BNS 118(2): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 326 | 118(2) |
| Offence | Voluntarily causing grievous hurt by dangerous weapons or means | Same |
| Punishment | Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. | Imprisonment for life, or 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. |
| Fine | The offender is also liable to fine in addition to imprisonment. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Magistrate of the first class | Same |
IPC 326 and BNS 118(2): Bare Act Text Side by Side
Section 326, IPC 1860
Section 118(2), BNS 2023
Ingredients: IPC 326 vs BNS 118(2)
- The accused voluntarily caused grievous hurt as defined in Section 322 IPC
- The grievous hurt was caused 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 the grievous hurt was caused by means of fire or any heated substance, any poison or any corrosive substance, any explosive substance, any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or any animal
- The case is not one provided for by Section 335 IPC, which covers grievous hurt caused on grave and sudden provocation
- Voluntarily causing grievous hurt, except in the case provided for by Section 122(2) BNS
- By any of the means referred to in Section 118(1) BNS
What IPC 326 to BNS 118(2) Means for Pending Cases
FAQs: IPC 326 to BNS 118(2)
What is the BNS successor to Section 326 IPC?▼
Section 118(2) BNS succeeds Section 326 IPC as the penal provision for voluntarily causing grievous hurt by dangerous weapons or means.
Did Section 118(2) BNS introduce a minimum sentence?▼
Yes, Section 118(2) BNS introduces a mandatory minimum imprisonment of one year, extending up to ten years, or life imprisonment.
Does Section 326 IPC or Section 118(2) BNS apply to an act done before 1 July 2024?▼
Offences committed prior to 1 July 2024 are prosecuted under Section 326 IPC, whereas later incidents fall under Section 118(2) BNS.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·