Section 117 BNS: Voluntarily causing grievous hurt

Bharatiya Nyaya Sanhita, 2023

Section 117 BNS at a Glance

Section 117 BNS deals with voluntarily causing grievous hurt. It replaced Sections 322 and 325 IPC on 1 July 2024.

Punishment

Section 117(1) BNS is a definition and does not prescribe punishment. Penalties for voluntarily causing grievous hurt are prescribed in Section 117(2), Section 117(3), Section 117(4), and Section 118(2) BNS.

IPC Equivalent

Section 322 →

Section 117 BNS Bare Act Text

(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 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.

Source: Section 117, Bharatiya Nyaya Sanhita, 2023

Section 117 BNS in the IPC (Previous Law)

Section 117 BNS replaced Sections 322 and 325 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 117 BNS

Under Section 117(1) BNS, what is the difference between hurt and grievous hurt?▼

Hurt means any bodily pain, disease, or infirmity caused to a person. Grievous hurt is a much more serious category and includes injuries like fractures, permanent loss of sight or hearing, or permanent disfigurement. The medical report usually plays a big role in deciding this.

Can Section 117(1) BNS apply if the injury was caused in a fight?▼

Yes, it can apply if the prosecution proves that the accused voluntarily caused the serious injury. A sudden fight does not automatically remove liability. The court will look at intention, the nature of the weapon used, and the exact facts of the incident.

Is the offence under Section 117(1) BNS bailable?▼

No, it is generally treated as non-bailable. That means bail is not a matter of right and depends on the court's discretion. The seriousness of the injury and the facts of the case matter a lot at the bail stage.

Does the victim need to be permanently disabled for Section 117(1) BNS to apply?▼

No, permanent disability is not necessary. Even if the injury is not permanent, it may still be grievous if it fits one of the legal categories, such as a fracture or serious loss of function. The law relies on the recognised definition of grievous hurt.

What counts as grievous hurt under Section 117(2) BNS?▼

Grievous hurt means serious injury recognised by law, such as permanent loss of sight, hearing, a limb, or severe fracture. It also covers injuries that endanger life or cause permanent impairment. The exact nature of the injury is usually proved through medical evidence.

Is intention necessary for Section 117(2) BNS to apply?▼

Yes. The act must be voluntary, meaning the person intended to cause the injury or knew that such injury was likely. A purely accidental injury will usually not fall under this provision.

Can the offence under Section 117(2) BNS be settled between the parties?▼

Yes, it is compoundable in law, but only according to the procedure and conditions allowed by the court. In practice, the court will look at the facts, the seriousness of the injury, and whether the compromise is genuine.

Is Section 117(2) BNS a bailable offence?▼

Yes, it is generally bailable. That means the accused can seek bail as a matter of right, subject to the usual legal process and any conditions imposed by the court.

What does Section 117(3) of the Bharatiya Nyaya Sanhita cover?▼

Section 117(3) BNS covers a case where a person commits voluntary grievous hurt and, during that act, causes hurt that leaves the victim in permanent disability or a persistent vegetative state. The section prescribes a much higher punishment for this result than the general rule for voluntarily causing grievous hurt.

What has to be proved under Section 117(3) BNS?▼

It must be shown that the accused committed an offence under Section 117(1) BNS, meaning the person caused grievous hurt and intended or knew that grievous hurt was likely. It must also be shown that, in the course of that act, the hurt caused the victim to be in permanent disability or in a persistent vegetative state.

What is the punishment under Section 117(3) of the BNS?▼

The punishment is rigorous imprisonment for not less than ten years, and it may extend to imprisonment for life. The section says life imprisonment here means imprisonment for the remainder of that person's natural life.

How is Section 117(3) different from ordinary voluntarily causing grievous hurt?▼

Ordinary voluntarily causing grievous hurt is dealt with in Section 117(2) BNS and is punishable with imprisonment up to seven years and liability to fine. Section 117(3) BNS applies when the hurt caused during that offence results in permanent disability or a persistent vegetative state, so the punishment becomes much more severe.

What does Section 117(4) of the BNS cover?▼

Section 117(4) BNS covers a case where grievous hurt is caused by a group of five or more persons acting in concert because of the victim's race, caste or community, sex, place of birth, language, personal belief, or any other similar ground. In that situation, each member of the group is treated as guilty of causing grievous hurt. The section states that the punishment may extend to seven years and liability to fine.

What has to be proved under Section 117(4) BNS?▼

It must be shown that grievous hurt was caused to a person, that it was done by a group of five or more persons acting in concert, and that it was done on one of the listed grounds: race, caste or community, sex, place of birth, language, personal belief, or any other similar ground. The text makes each member of that group guilty if those conditions are met. The exact facts and evidence will matter in every case.

What is the punishment under Section 117(4) of the Bharatiya Nyaya Sanhita?▼

The punishment stated in Section 117(4) BNS is imprisonment of either description for a term which may extend to seven years, and liability to fine. The section applies when grievous hurt is caused by a group of five or more persons acting in concert on the listed grounds. The exact sentence in a case is decided by the court.

How is Section 117(4) different from ordinary grievous hurt under Section 117(2) BNS?▼

Section 117(2) BNS generally deals with voluntarily causing grievous hurt. Section 117(4) BNS specifically deals with grievous hurt caused by a group of five or more persons acting in concert on grounds of race, caste or community, sex, place of birth, language, personal belief, or any other similar ground. Both provisions state punishment up to seven years and liability to fine, but Section 117(4) BNS addresses this group-based offence.

Section 117 BNS: Sub-sections Explained

Section 117(1) BNS: Voluntarily causing grievous hurt

▶

Bare Act Text

(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.

Explained in Simple Words

Section 117 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with causing grievous hurt voluntarily. In simple terms, it applies when a person intentionally causes serious bodily injury, or knows that such serious injury is likely to result from their act. It is not about minor injuries.

The law looks at whether the accused had the required intention or knowledge at the time of the act. This section matters in cases involving broken bones, permanent loss of sight or hearing, loss of a limb, or other injuries recognised as grievous hurt under law. It is used where the injury is caused deliberately, not by accident.

For a victim, this section is important because it treats serious injury as a grave criminal wrong. For the accused, the exact facts, medical evidence, and witness statements usually decide whether the case fits this section or a lesser offence.

Key Ingredients

  • The accused voluntarily caused hurt
  • The contemplated or intended injury fell within grievous hurt
  • The harm actually inflicted amounted in fact to grievous hurt
  • Intending one species of grievous hurt while causing another satisfies the sub-section

Punishment

🔒 Section 117(1) BNS is a definition and does not prescribe punishment. Penalties for voluntarily causing grievous hurt are prescribed in Section 117(2), Section 117(3), Section 117(4), and Section 118(2) BNS.

💰 No fine is prescribed in this definition sub-section.

Voluntarily causing grievous hurt requires both causing grievous hurt and intending or knowing that grievous hurt was likely. Section 117(1) BNS is a definition sub-section, and punishing provisions include Section 117(2), Section 117(3), Section 117(4), and Section 118(2) BNS.

Real-World Example

Ramesh strikes Imran across the face with a heavy metal mug, intending to disfigure the face of Imran permanently. The blow does not permanently disfigure the face, but it causes Imran to suffer severe bodily pain for fifteen days. Ramesh intended grievous hurt of one kind and caused grievous hurt of another kind. Under the Explanation, Ramesh voluntarily caused grievous hurt as defined in Section 117(1) BNS, punishable under Section 117(2) BNS.

When This Does Not Apply

  • The accused caused simple hurt without intending or knowing himself likely to cause grievous hurt
  • Grievous hurt was caused purely by accident without intention or knowledge of likelihood
  • The hurt actually caused was simple hurt rather than grievous hurt, even if grievous hurt was intended
  • The injury resulted from a rash or negligent act without intention or knowledge under Section 125 BNS

Previous Law

IPC 322 → Section 117(1) BNS

Section 322 IPC is succeeded by Section 117(1) BNS. The definition is enacted as sub-section 1 of Section 117 BNS, while punishment is placed directly in sub-section 2. In the illustration, the period of severe bodily pain is updated from twenty days to fifteen days to match Section 116 BNS.

Section 117(2) BNS: Punishment for voluntarily causing grievous hurt

▶

Bare Act Text

(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.

Explained in Simple Words

Section 117(2) of the Bharatiya Nyaya Sanhita (BNS) deals with the punishment for voluntarily causing grievous hurt. It applies when a person intentionally causes serious bodily injury, or knows that their act is likely to cause such injury. The law does not treat every injury the same.

It draws a clear line between simple hurt and grievous hurt, which includes serious harm such as loss of sight, hearing, limb, or permanent disfigurement. This section is used where the injury is serious enough to affect a person’s body in a major way, but the act does not fall under a more serious offence like murder or attempt to murder. In practice, this provision is often invoked in assault cases, violent quarrels, and attacks involving weapons or severe beating.

For victims, it gives the police and courts a legal basis to treat the matter seriously. For the accused, the key question is whether grievous hurt was really caused and whether it was done voluntarily.

Key Ingredients

  • The offender voluntarily caused bodily injury to another person
  • The injury amounted to one of the eight clauses of grievous hurt under Section 116 BNS
  • The offender intended to cause grievous hurt or had knowledge of its likelihood under Section 117(1) BNS
  • The incident did not occur on grave and sudden provocation under Section 122(2) BNS

Punishment

Bailable ⓘCognizable ⓘCompoundable (with court permission) ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

💰 The offender is also liable to fine in addition to imprisonment.

Voluntarily causing grievous hurt under Section 117(2) BNS is punishable with imprisonment of either description up to seven years, and the offender is also liable to fine. The offence is cognizable, bailable, triable by any Magistrate, and compoundable with court permission under Section 359(2) BNSS.

Real-World Example

Outside a workshop on the outskirts of Nagpur, Karthik got into a heated quarrel with Divya over an unpaid debt. In anger, Karthik struck Divya across the arm with a wooden post, fracturing both bones of her forearm. The fracture constitutes grievous hurt under Section 116 BNS. Because Karthik voluntarily caused hurt intending or knowing that grievous injury was likely, Karthik is punishable under Section 117(2) BNS.

When This Does Not Apply

  • The hurt caused was simple hurt rather than grievous hurt, punishable under Section 115(2) BNS
  • The grievous hurt was inflicted using dangerous weapons or means, punishable under Section 118(2) BNS
  • The act was committed on grave and sudden provocation, punishable under Section 122(2) BNS
  • The act was performed in lawful exercise of the right of private defence under Section 34 to Section 44 BNS

Previous Law

IPC 325 → Section 117(2) BNS

Section 325 IPC is now Section 117(2) BNS. The BNS places the definition of voluntarily causing grievous hurt in sub-section 1 of Section 117 BNS and the punishment in sub-section 2. The punishment of imprisonment of either description for up to seven years, with liability to fine, is unchanged. The exception for grave and sudden provocation now refers to Section 122(2) BNS instead of Section 335 IPC. Section 117(2) BNS also adds two new provisions in sub-sections 3 and 4, on grievous hurt that causes permanent disability or a persistent vegetative state, and on grievous hurt caused by a group of five or more persons acting in concert on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground.

Section 117(3) BNS: Voluntarily causing grievous hurt

▶

Bare Act Text

(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 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.

Explained in Simple Words

Section 117(3) of the Bharatiya Nyaya Sanhita (BNS) deals with an aggravated form of voluntarily causing grievous hurt. It applies to any person who commits an offence under Section 117(1) BNS and, in the course of doing so, causes any hurt to a person that leaves that person in permanent disability or in a persistent vegetative state.

For this sub-section to apply, the underlying act must first satisfy Section 117(1) BNS. That means the offender must voluntarily cause hurt while intending to cause grievous hurt, or knowing that grievous hurt is likely, and grievous hurt must actually be caused. When the hurt caused during that offence results in permanent disability or a persistent vegetative state, the case moves from the general punishment in Section 117(2) BNS into this stricter provision.

A person convicted under Section 117(3) BNS shall be punished with rigorous imprisonment for a term of not less than ten years, which may extend to imprisonment for life. The sub-section expressly clarifies that imprisonment for life here means imprisonment for the remainder of that person's natural life, and it does not prescribe a fine.

Key Ingredients

  • The accused voluntarily caused hurt
  • The accused intended to cause grievous hurt or knew it was likely
  • The hurt actually caused was grievous hurt
  • In the course of committing that offence, hurt caused the person to be in permanent disability or in a persistent vegetative state

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Rigorous imprisonment for a term not less than ten years, which may extend to imprisonment for life, meaning imprisonment for the remainder of that person's natural life.

💰 None prescribed by this sub-section.

Voluntarily causing grievous hurt where hurt caused in the course of the offence leaves the victim in permanent disability or a persistent vegetative state is punishable with rigorous imprisonment for at least ten years and up to life imprisonment for the remainder of the offender's natural life.

Real-World Example

Near Ludhiana bus stand, Naveen attacked Harpreet during a quarrel and struck him hard with an iron rod, knowing such a blow was likely to cause grievous hurt. Meera and others took Harpreet to hospital. The injury left Harpreet with permanent disability in one leg. This fits the section because Naveen voluntarily caused hurt, knew grievous hurt was likely, grievous hurt was in fact caused, and in the course of that act the hurt resulted in permanent disability.

When This Does Not Apply

  • The injury caused is only simple hurt and not grievous hurt
  • Grievous hurt happens, but the accused neither intended it nor knew it was likely
  • There is no voluntary causing of hurt
  • Death is caused by a rash or negligent act without this voluntary causing of grievous hurt, which may fall under Section 106 BNS

Section 117(4) BNS: Voluntarily causing grievous hurt

▶

Bare Act Text

(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.

Explained in Simple Words

Section 117(4) of the Bharatiya Nyaya Sanhita (BNS) addresses grievous hurt committed as a group attack on specified identity or belief grounds. It applies when a group of five or more persons, acting in concert, causes grievous hurt to a person on the ground of that person's race, caste or community, sex, place of birth, language, personal belief, or any other similar ground.

Two requirements in the enacted text are especially important for a reader. First, the group must consist of at least five persons who are acting in concert, meaning they act together rather than independently, and the attack must be linked to one of the listed grounds or a similar ground. Second, when those conditions are met, each member of the group is guilty of the offence of causing grievous hurt, so liability extends to every participant in that concerted group.

Each member of such a group shall be punished with imprisonment of either description, meaning simple or rigorous imprisonment, for a term that may extend to seven years, and shall also be liable to fine.

Key Ingredients

  • Grievous hurt is caused to a person
  • The act is done by a group of five or more persons acting in concert
  • The grievous hurt is caused on the ground of the person's race, caste or community, sex, place of birth, language, personal belief, or any other similar ground
  • The accused was a member of that group

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment of either description for a term which may extend to seven years.

💰 Fine may be imposed in addition to imprisonment.

When a group of five or more persons acting in concert causes grievous hurt on the ground of race, caste or community, sex, place of birth, language, personal belief, or any other similar ground, each member of the group is punishable with imprisonment of either description for up to seven years and is also liable to fine.

Real-World Example

While returning from work close to Varanasi Cantt railway station, Nisha was stopped by Prakash, Gopal and four others. They abused her over her personal belief and the language she spoke, then surrounded her and beat her with sticks and kicks. Nisha suffered fractures and other grievous hurt. There were six attackers altogether, and the assault was plainly because of her personal belief and language. Since grievous hurt was caused by a group of five or more persons on those grounds, every member of that group falls within this section.

When This Does Not Apply

  • One person alone causes grievous hurt; this sub-section does not apply because there is no group of five or more persons
  • Four persons together cause grievous hurt; this sub-section does not apply because the group is fewer than five
  • Five or more persons cause only simple hurt, not grievous hurt
  • Five or more persons cause grievous hurt during a personal money dispute, without it being on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground

Have questions about Section 117 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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 ·