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Home › BNS Sections › Section 118
Bharatiya Nyaya Sanhita, 2023 In force since 1 July 2024

Section 118 BNS - Voluntarily causing hurt or grievous Hurt by dangerous weapons or means

धारा 118 BNS खतरनाक हथियारों या साधनों से चोट या गंभीर चोट पहुंचाने का अपराध है। पुरानी IPC की धारा 326 अब धारा 118(2) BNS है, जिसमें कम से कम 1 वर्ष की अनिवार्य कैद जोड़ी गई है।

Act
Bharatiya Nyaya Sanhita, 2023
Section
118 - Voluntarily causing hurt or grievous Hurt by dangerous weapons or means

Section 118 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes voluntarily causing hurt or grievous hurt by dangerous weapons or means. This page concerns Section 118(2) - grievous hurt caused by dangerous weapons or means - which is the successor of the widely charged Section 326 IPC, now carrying a mandatory minimum sentence of one year.

How Section 118 is arranged

Sub-section (1) deals with voluntarily causing hurt by dangerous weapons or means; sub-section (2) deals with the graver case of voluntarily causing grievous hurt by them. The official comparison records the old Section 326 IPC as included in the BNS as a sub-section, without its separate heading.

What "dangerous weapons or means" covers

  • any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death;
  • fire or any heated substance;
  • poison or any corrosive substance;
  • any explosive substance;
  • any substance deleterious to the human body to inhale, swallow or receive into the blood; or
  • any animal.

What counts as grievous hurt

Grievous hurt is the statutorily defined graver category of hurt - kinds such as emasculation, permanent loss of sight or hearing, loss of a limb or joint, permanent disfigurement, fracture or dislocation of a bone or tooth, and hurt which endangers life or leaves the victim in severe bodily pain or unable to follow ordinary pursuits for a specified period. Where an injury of that gravity is caused by any of the weapons or means listed above, the case falls under Section 118(2) rather than the general grievous hurt provision.

Punishment, procedure and bail

Section 118(2) is punishable with 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. The offence is cognizable, non-bailable, and triable by the Court of Session.

What changed from Section 326 IPC

Two drafting-level changes, per the official comparison:

  • Section 326 IPC was folded into Section 118 BNS as sub-section (2), without a separate heading; and
  • a mandatory minimum imprisonment of one year was added - the IPC prescribed life or up to ten years with no floor.

The ingredients of the offence are otherwise unchanged, so the case law under Section 326 IPC continues to apply.

Injured in an attack with a weapon, acid or fire - or facing a Section 118(2) charge? The medical evidence of grievous hurt and the weapon findings decide these cases, and the new minimum sentence raises the stakes. Talk to a criminal lawyer in your city or browse advocates in the Free Law directory.

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Frequently Asked Questions

What is Section 118 BNS?

Section 118 of the Bharatiya Nyaya Sanhita, 2023 punishes voluntarily causing hurt (sub-section 1) or grievous hurt (sub-section 2) by dangerous weapons or means. Section 118(2) replaced Section 326 IPC on 1 July 2024.

What is Section 326 IPC called now?

Section 118(2) of the Bharatiya Nyaya Sanhita, 2023. The official comparison records it as included as a sub-section without its heading, with a mandatory minimum imprisonment of one year added.

What is the punishment under Section 118(2) BNS?

Imprisonment for life, or imprisonment of not less than one year which may extend to ten years, and fine. The one-year minimum is new - Section 326 IPC had no floor.

Is Section 118(2) BNS bailable?

No. The offence is cognizable and non-bailable, and is triable by a Magistrate of the first class.

What counts as a dangerous weapon or means under Section 118?

Instruments for shooting, stabbing or cutting or any instrument likely to cause death when used as a weapon, fire or heated substances, poison or corrosive substances, explosives, substances harmful to inhale, swallow or receive into the blood, and animals.

What is Section 118 BNS?

Section 118 of the Bharatiya Nyaya Sanhita, 2023 penalizes voluntarily causing hurt or grievous hurt by dangerous weapons or means. Sub-section (1) covers voluntarily causing hurt, while sub-section (2) deals with voluntarily causing grievous hurt.

Is Section 118(2) BNS bailable?

No, an offence under Section 118(2) BNS is cognizable, non-bailable, and triable by the Court of Session.