Code: Section 116 BNS
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.
Explanation of Section 116 BNS
Section 116 of the Bharatiya Nyaya Sanhita (BNS) defines the types of injuries that are considered grievous hurt. Unlike simple hurt (Section 115), grievous hurt involves severe bodily harm with lasting consequences.
Key elements of grievous hurt:
- Emasculation – Permanent damage to the reproductive organs.
- Loss of vision or hearing – Permanent blindness in one or both eyes or loss of hearing in one or both ears.
- Loss or impairment of limbs/joints – Permanent damage or loss of function of any body part.
- Permanent disfiguration – Facial or head injuries that leave permanent scars or deformities.
- Fractures or dislocations – Any broken or dislocated bone or tooth.
- Life-threatening injuries – Injuries that put the victim’s life in danger.
- Severe pain or incapacity for 15 days – If a person suffers extreme pain or is unable to perform normal activities for 15 days, it qualifies as grievous hurt.
Illustrations
Example 1: Loss of an Eye
A strikes B with a sharp object, causing B to lose sight in one eye permanently.
This qualifies as grievous hurt under clause (b) of Section 116.
Example 2: Broken Bone
C pushes D forcefully, causing D to fall and suffer a broken leg.
This falls under clause (g) since a fracture is considered grievous hurt.
Example 3: Facial Disfiguration
E throws acid on F’s face, causing permanent scars and deformities.
This is covered under clause (f) as permanent disfiguration.
Common Questions and Answers on Section 116 BNS
1. What is the difference between “hurt” and “grievous hurt”?
- Hurt (Section 115) refers to any bodily pain or injury that is not severe.
- Grievous hurt (Section 116) includes serious injuries that cause permanent damage, severe pain, or incapacity for at least 15 days.
2. What is considered “permanent disfiguration”?
Any injury that leaves permanent scars or deformities on the head or face qualifies as permanent disfiguration under clause (f).
3. Is temporary blindness considered grievous hurt?
No, only permanent loss of vision in one or both eyes qualifies as grievous hurt under clause (b).
4. Does a deep cut count as grievous hurt?
Not necessarily. A deep cut would only be grievous hurt if it causes permanent impairment, severe pain for 15 days, or endangers life.
Conclusion
Section 116 of the Bharatiya Nyaya Sanhita (BNS) defines grievous hurt as serious bodily injuries that cause permanent damage, extreme pain, or life-threatening harm. The law ensures stricter penalties for offenses causing such severe injuries.
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