Section 116 BNS: Grievous hurt

Bharatiya Nyaya Sanhita, 2023

Section 116 BNS at a Glance

Section 116 BNS deals with grievous hurt. It replaced Section 320 IPC on 1 July 2024.

Punishment

Section 116 BNS is a definition section and does not prescribe punishment. Penalties for voluntarily causing grievous hurt are prescribed in Section 117 and Section 118 BNS.

IPC Equivalent

Section 320 →

Section 116 BNS Bare Act Text

116. Grievous hurt

The following kinds of hurt only are designated as “grievous”, namely:—

(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.

Source: Section 116, Bharatiya Nyaya Sanhita, 2023

Section 116 BNS in Simple Words

Section 116 of the Bharatiya Nyaya Sanhita (BNS) explains what amounts to grievous hurt. It lists specific kinds of serious injury, such as emasculation, permanent loss of sight or hearing, loss or permanent impairment of a limb or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, and injuries that endanger life or cause severe bodily pain or inability to follow ordinary pursuits for 15 days or more. This section matters because not every injury is treated the same way under criminal law.

A simple bruise or minor cut may be hurt, but a grave injury can attract much stricter punishment under the BNS. In practice, doctors, police, and courts look closely at medical evidence to decide whether the injury fits one of the statutory categories. If it does, the case can move from a minor hurt offence to a much more serious charge, with stronger consequences for the accused.

Ingredients of Section 116 BNS

  • Emasculation
  • Permanent privation of sight in either eye or hearing in either ear under clauses b and c
  • Privation, destruction, or permanent impairing of any member or joint
  • Permanent disfiguration of head or face, or fracture or dislocation of bone or tooth
  • Hurt endangering life or causing fifteen days of severe bodily pain or inability to follow ordinary pursuits under Section 116 BNS

Punishment Under Section 116 BNS

Imprisonment

Section 116 BNS is a definition section and does not prescribe punishment. Penalties for voluntarily causing grievous hurt are prescribed in Section 117 and Section 118 BNS.

Fine

No fine is prescribed in this definition section.

Grievous hurt is exhaustively defined in Section 116 BNS by eight statutory categories of serious injury. The section is definitional and prescribes no penalty of its own, while punishing provisions include Section 117 and Section 118 BNS.

Example of Section 116 BNS

Ramesh, intending to break the teeth of Imran, punches him hard on the jaw with his fist. The blow dislocates the jaw of Imran and fractures two of his teeth. Fracture or dislocation of a bone or tooth is grievous hurt under clause (g) of Section 116 BNS. Ramesh voluntarily caused grievous hurt and is punishable under Section 117(2) BNS.

When Section 116 BNS Does Not Apply

  • The hurt falls in none of the eight kinds listed in the section
  • The hurt did not endanger life, the severe bodily pain or inability to follow ordinary pursuits lasted less than fifteen days, and no other kind of grievous hurt was caused
  • The loss of sight or hearing was temporary and not permanent

Section 116 BNS in the IPC (Previous Law)

Section 116 BNS replaces Section 320 IPC from the old criminal code.

Section 320 IPC is succeeded by Section 116 BNS. The eight clauses are now lettered from a to h rather than First to Eighthly. In the eighth clause, the period of severe bodily pain or inability to follow ordinary pursuits is reduced from twenty days to fifteen days.

View IPC Section 320 →

FAQs on Section 116 BNS

Under Section 116 BNS, what is the difference between hurt and grievous hurt?▼

Hurt is any bodily pain, disease, or infirmity caused to a person. Grievous hurt is a much more serious category and is limited to the kinds of injuries listed in the law, such as fracture, permanent loss of sight, or injuries that endanger life. The distinction matters because the punishment and legal treatment are very different.

Under Section 116 BNS, does every fracture count as grievous hurt?▼

Yes, fracture or dislocation of a bone or tooth is specifically included. Even a small fracture can qualify if it is medically proved. The police and court usually depend on the MLC and doctor’s opinion.

Under Section 116 BNS, can a doctor decide if an injury is grievous hurt?▼

A doctor can give an opinion based on the injury and medical examination, but the final legal decision is for the court. Medical evidence is very important, especially in cases involving fractures, loss of function, or danger to life. Without proper medical proof, the charge can weaken.

Why is the definition in Section 116 BNS section important under the BNS?▼

Section 116 BNS sets out the exhaustive list of eight categories of injury that qualify as grievous hurt under the Bharatiya Nyaya Sanhita, 2023. Lawyers, police, and courts must determine whether an injury fits this statutory definition before applying the punishment provisions for grievous hurt. This helps in classification, bail strategy, and trial preparation.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·