Section 118 of The Bharatiya Nyaya Sanhita, 2023
- (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.
Summary
- Dangerous means include shooting, stabbing, cutting instruments, fire, poison, explosives, or harmful animals.
- Causing hurt with these means is punishable by up to three years imprisonment, a fine up to twenty thousand rupees, or both.
- Causing grievous hurt with these means carries a penalty of life imprisonment or a term between one and ten years, plus a fine.
- These penalties do not apply to cases covered under section 122 regarding provocation.
Practical examples
FAQ
1. What types of weapons or substances are covered under this section?
The section covers instruments for shooting, stabbing, or cutting, weapons likely to cause death, fire, heated substances, poison, corrosive substances, explosives, deleterious substances, or animals.
2. What is the maximum fine for voluntarily causing hurt under this section?
The fine may extend to twenty thousand rupees.
3. What is the minimum imprisonment for causing grievous hurt under this section?
The imprisonment shall not be less than one year.
4. Does this section apply if the hurt was caused due to provocation?
No, this section explicitly excludes cases provided for under section 122.
Test yourself
Q1.Under Section 118 of the Bharatiya Nyaya Sanhita, 2023, what is the punishment for voluntarily causing simple hurt by means of fire, heated substances, or any instrument used as a weapon of offence that is likely to cause death?
Q2.Under Section 118 of the Bharatiya Nyaya Sanhita, 2023, what is the punishment for voluntarily causing grievous hurt by dangerous weapons or means, provided there is no provocation?
Q3.How do the punishments under Section 118 of the Bharatiya Nyaya Sanhita, 2023, change if the act of causing hurt or grievous hurt is committed on grave and sudden provocation under Section 122?
Q4.Under Section 118 of the Bharatiya Nyaya Sanhita, 2023, which of the following is NOT explicitly listed as a means or substance that triggers these dangerous weapon penalties?