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.