When Law Finds the Wound

The Bharatiya Nyaya Sanhita, 2023, (BNS) which replaces the Indian Penal Code of 1860, marks a significant evolution in the codification of criminal law in India. Among its various provisions, the classification and penalization of bodily harm, commonly referred to as hurt, continue to play a vital role in safeguarding individual physical integrity and public order. This article explores the legal contours of hurt under the Bharatiya Nyaya Sanhita, 2023, including its definitions, gradation of offences, associated punishments, and special provisions that address aggravated forms of hurt, such as those inflicted on public servants, women, or through the use of dangerous substances like acid, etc.

What is meant by hurt?

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

When is hurt said to be caused voluntarily?

A person is said to voluntarily cause hurt if they do any act with the intention of causing hurt or with the knowledge that they are likely to cause hurt and thereby cause hurt to a person.

What is the punishment for voluntarily causing hurt?

Except in certain specified cases, a person who voluntarily causes hurt shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.

What kinds of hurt are classified as grievous?

The following are considered grievous hurt:

• Emasculation;
• Permanent privation of sight of either eye;
• Permanent privation of hearing of either ear;
• Privation of any member or joint;
• Destruction or permanent impairing of the powers of any member or joint;
• Permanent disfiguration of the head or face;
• Fracture or dislocation of a bone or tooth;
• Any hurt which endangers life or causes the sufferer to experience severe bodily pain for fifteen days or renders them unable to follow ordinary pursuits;

What is meant by voluntarily causing grievous hurt?

A person voluntarily causes grievous hurt when:

• They voluntarily cause hurt, and
• The hurt they intend to cause or know they are likely to cause is grievous, and
• The actual hurt caused is grievous.

A person is not said to voluntarily cause grievous hurt unless they both cause grievous hurt and intend or know themselves to be likely to cause it. However, if a person intends or knows that they are likely to cause grievous hurt of one kind, but actually causes another kind of grievous hurt, they are still said to have voluntarily caused grievous hurt.

A, intending or knowing himself to be likely to permanently disfigure Z’s face, gives Z a blow that does not disfigure Z’s face, but causes Z to suffer severe bodily pain for fifteen days. A has voluntarily caused grievous hurt.

What is the punishment for voluntarily causing grievous hurt?

Except in specified cases: Punishable with imprisonment of either description for up to seven years, and fine.

What if the act causes permanent disability or a persistent vegetative state?

The offender shall be punished with rigorous imprisonment for not less than ten years, which may extend to life imprisonment (meaning for the remainder of the natural life).

What is the punishment if grievous hurt is caused by a group of five or more persons on discriminatory grounds?

Each member of the group shall be guilty and punished with imprisonment of either description for up to seven years, and fine.

What is the punishment for voluntarily causing hurt using dangerous weapons or means?

A person who voluntarily causes hurt using any of the following means:

• Shooting, stabbing, cutting instruments;
• Weapons likely to cause death;
• Fire, heated substances;
• Poison, corrosive substances, explosives;
• Substances harmful to inhale, swallow or absorb;
• Animals;

Shall be punished with imprisonment of either description for up to three years, or fine up to twenty thousand rupees, or both.

What is the punishment for voluntarily causing grievous hurt using such dangerous means?

Punishable with:

• Imprisonment for life, or
• Imprisonment of either description for a term not less than one year but up to ten years, and fine.

What if hurt or grievous hurt is caused to extort property or to force someone to do something illegal?

• Voluntarily causing hurt for such purposes: Punishable with imprisonment up to ten years and fine.
• Voluntarily causing grievous hurt for such purposes: Punishable with imprisonment for life or up to ten years, and fine.

What if hurt or grievous hurt is caused to extort confession or compel restoration of property?

• Voluntarily causing hurt for these purposes: Punishable with imprisonment up to seven years and fine.
• Voluntarily causing grievous hurt: Punishable with imprisonment up to ten years and fine.
• A police officer tortures Z to induce confession — guilty of this offence.
• A police officer tortures B to force him to disclose location of stolen property — guilty.
• A revenue officer tortures Z to compel payment of tax dues — guilty.

What is the punishment for voluntarily causing hurt or grievous hurt to deter a public servant from performing duty?

• Voluntarily causing hurt: Imprisonment up to five years, or fine, or both.
• Voluntarily causing grievous hurt: Imprisonment not less than one year, which may extend to ten years, and fine.

What if hurt or grievous hurt is caused on grave and sudden provocation?

• If hurt is caused without intent or knowledge to hurt anyone other than the provoker: Punishable with imprisonment up to one month, or fine up to five thousand rupees, or both.
• If grievous hurt is caused without intent or knowledge to grievously hurt anyone other than the provoker: Punishable with imprisonment up to five years, or fine up to ten thousand rupees, or both.

What is the punishment for causing hurt using poison or harmful substances with intent to commit an offence?

Whoever administers or causes to be taken any poison or stupefying, intoxicating or unwholesome substance with intent to cause hurt or to facilitate an offence, or knowing it to be likely to cause hurt, shall be punished with imprisonment of either description for up to ten years, and fine.

What is the punishment for voluntarily causing grievous hurt using acid or similar substances?

• Causing permanent or partial damage, deformity, burns, maiming, disfigurement, disability, or putting a person in a permanent vegetative state by use of acid or similar means: Punishable with imprisonment of either description not less than ten years, extendable to life, and fine.
• The fine shall be just and reasonable to cover the victim’s medical expenses.
• The fine shall be paid to the victim.

What if there is an attempt to cause such harm using acid?

Attempt to throw or administer acid or use such means with the intention to cause serious injury or disfigurement is punishable with imprisonment of either description for not less than five years, which may extend to seven years, and fine.

What is the punishment for rash or negligent acts endangering life or personal safety?

• General act endangering life or safety: Punishable with imprisonment up to three months, or fine up to two thousand five hundred rupees, or both.
• If hurt is caused: Punishable with imprisonment up to six months, or fine up to five thousand rupees, or both.
• If grievous hurt is caused: Punishable with imprisonment up to three years, or fine up to ten thousand rupees, or both.

Therefore, the provisions relating to hurt under the Bharatiya Nyaya Sanhita, 2023, reflect a nuanced and progressive approach to bodily offences. By retaining the foundational principles of the earlier law while incorporating stricter punishments and more inclusive definitions particularly in cases involving acid attacks or abuse of authority, the BNS seeks to enhance victim protection and legal clarity. The codification of various scenarios, including hurt caused with intent to extort, deter public functionaries, or endanger public safety, ensures that the statute remains responsive to the diverse realities of harm in today’s society. In essence, the rearticulation of the law of hurt under the BNS a signals the legislature’s intent to align criminal jurisprudence with constitutional values of dignity, justice, and the rule of law.

Muneeb Rashid Malik is an Advocate.

He tweets @muneebmalikrash.