Section 118 BNS: Voluntarily causing hurt or grievous hurt by dangerous weapons or means
Bharatiya Nyaya Sanhita, 2023
Section 118 BNS at a Glance
Section 118 BNS deals with voluntarily causing hurt or grievous hurt by dangerous weapons or means. It is cognizable; it replaced Sections 324 and 326 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both.
Section 118 BNS Bare Act Text
(1) Whoever, except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt 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 by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both.
(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment for life, or with 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.
Source: Section 118, Bharatiya Nyaya Sanhita, 2023
Section 118 BNS in the IPC (Previous Law)
FAQs on Section 118 BNS
Is Section 118(1) BNS a bailable offence?โผ
No. Section 118(1) BNS is classified as cognizable and non-bailable, so the police may register and investigate a case without a Magistrate's order and bail is decided by the court. Section 118(2) BNS, which covers causing grievous hurt by dangerous weapons or means, is also a non-bailable and graver offence.
What kind of weapons or means are covered under Section 118(1) BNS?โผ
The section covers dangerous weapons and means such as knives, blades, fire, heated objects, poison, corrosive substances, and similar instruments. The key point is whether the weapon or method was likely to cause serious harm. The court will look at the facts of each case.
Can a minor injury still fall under Section 118(1) BNS?โผ
Yes, even a relatively minor injury can attract this section if it was caused using a dangerous weapon or means. The seriousness of the injury is not the only factor. The nature of the act and the instrument used matter a lot.
Is Section 118(1) BNS in force?โผ
Yes. Section 118(1) BNS is in force under the Bharatiya Nyaya Sanhita (BNS), 2023. For older cases committed before the BNS took effect, the applicable law depends on when the offence was committed.
What is the main difference between Section 118(2) BNS and simple hurt offences?โผ
Section 118(2) BNS applies only when the injury is grievous and the weapon or means used is dangerous. Simple hurt sections deal with lesser injuries and usually carry lighter punishment. The medical report often decides which section fits the facts.
Does Section 118(2) BNS require the injury to be life-threatening?โผ
No. The injury need not be life-threatening, but it must qualify as grievous hurt under the law. That includes serious injuries such as permanent loss of sight, hearing, fractures, or severe bodily pain that meets the legal test.
Is the offence under Section 118(2) BNS bailable?โผ
No, it is generally non-bailable. The accused usually has to apply for bail before the court, and the decision depends on the facts, injury report, weapon used, and other circumstances.
Can a knife or iron rod case fall under Section 118(2) BNS?โผ
Yes, if the weapon used is dangerous and the victim suffers grievous hurt. The court will look at the injury report, witness version, and whether the act was intentional or voluntary.
Section 118 BNS: Sub-sections Explained
Section 118(1) BNS: Voluntarily causing hurt by dangerous weapons or means
โถ
Bare Act Text
(1) Whoever, except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt 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 by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both.
Explained in Simple Words
Section 118(1) BNS of the Bharatiya Nyaya Sanhita (BNS) deals with causing hurt by dangerous weapons or means. It applies when a person intentionally causes bodily pain, disease, or infirmity, and the act is done using a weapon or method that is likely to cause serious harm. Typical examples include causing hurt with a knife, acid, fire, heated substance, poison, or any other dangerous instrument.
This section is often used where the injury is not life-threatening, but the manner of attack makes the offence more serious than simple hurt. The law looks at both the intention and the nature of the weapon or means used. In practice, this section matters because it can lead to arrest, police investigation, and criminal trial.
It is also a common charge in assault cases involving knives, sharp objects, or other dangerous articles. The exact facts, medical evidence, and witness statements usually decide how the case is proved.
Key Ingredients
- Voluntarily causing hurt, except in the case provided for by Section 122(1) BNS
- 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 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
Punishment
๐ Imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both.
๐ฐ Fine which may extend to twenty thousand rupees. The offender may be punished with fine alone or with both imprisonment and fine.
Voluntarily causing hurt by dangerous weapons or means under Section 118(1) BNS is punishable with imprisonment of either description for up to three years, or fine up to twenty thousand rupees, or both. The offence is cognizable, non-bailable, and triable by any Magistrate.
Real-World Example
When This Does Not Apply
- The accused voluntarily caused grievous hurt by such means, which is punished under Section 118(2) BNS
- The hurt was caused without any of the means the section lists, in which case Section 115(2) BNS applies
- The hurt was caused on grave and sudden provocation, which is punished under Section 122(1) BNS
- The act was done in the lawful exercise of the right of private defence under Section 34 to Section 44 BNS
Previous Law
IPC 324 โ Section 118(1) BNS
Section 324 IPC is succeeded by Section 118(1) BNS. The Bharatiya Nyaya Sanhita consolidates hurt and grievous hurt by dangerous weapons into Section 118(1) BNS, with simple hurt placed in sub-section 1. While the maximum term of imprisonment remains three years, Section 118(1) BNS introduces a specific ceiling on fine of up to twenty thousand rupees. The exception for grave and sudden provocation references Section 122(1) BNS instead of Section 334 IPC.
Section 118(2) BNS: Voluntarily causing grievous hurt by dangerous weapons or means
โถ
Bare Act Text
(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment for life, or with 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.
Explained in Simple Words
Section 118(2) BNS of the Bharatiya Nyaya Sanhita (BNS) deals with causing grievous hurt by using dangerous weapons or means. It applies when a person intentionally causes serious bodily injury and does so with an instrument likely to cause death, or by fire, heated substances, poison, explosives, corrosive substances, or any means that are especially dangerous. The law treats this as a serious offence because the injury is not just simple hurt.
It is grievous hurt, which means the harm is of a grave kind under the law. In practice, this section is often used in cases involving knife attacks, acid attacks, burns, injuries caused by firearms, or severe assaults with iron rods and similar weapons. The prosecution must show both the nature of the injury and the dangerous nature of the weapon or means used.
For victims, this section matters because it carries a much higher punishment than ordinary hurt offences. For the accused, the exact medical evidence, weapon recovery, and witness statements become very important in deciding whether Section 118(2) BNS applies.
Key Ingredients
- 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
Punishment
๐ 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.
๐ฐ The offender is also liable to fine in addition to imprisonment.
Voluntarily causing grievous hurt by dangerous weapons or means under Section 118(2) BNS is punishable with imprisonment for life, or imprisonment of either description for not less than one year and up to ten years, and the offender is also liable to fine. The offence is cognizable, non-bailable, and triable by a Magistrate of the first class.
Real-World Example
When This Does Not Apply
- The hurt caused was not grievous hurt, in which case Section 118(1) BNS may apply
- None of the means the section lists was used, in which case Section 117(2) BNS may apply
- The grievous hurt was caused on grave and sudden provocation, which is punished under Section 122(2) BNS
- The act was done in the lawful exercise of the right of private defence under Section 34 to Section 44 BNS
Previous Law
IPC 326 โ Section 118(2) BNS
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(2) 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.
Have questions about Section 118 BNS?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru โDisclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 ยท Last updated: 16 Oct 2026 ยท