Section 116 BNS or Section 116 of Bharatiya Nyaya Sanhita talks about "Grievous hurt."
Section 116 BNS is part of CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY in Bharatiya Nyaya Sanhita 2023 Act
Definition of 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.
🔍 BNS Section 116 – Voluntarily Causing Grievous Hurt
⚖️ Definition (As per Bharatiya Nyaya Sanhita, 2023)
Section 116 defines and penalizes the act of voluntarily causing grievous hurt. Grievous hurt refers to a set of serious physical injuries that go beyond ordinary hurt.
Under this section, a person is said to cause grievous hurt voluntarily if they:
- Intend to cause grievous hurt,
- Or know that their actions are likely to cause grievous hurt,
- And grievous hurt is indeed caused as a result of those actions.
🧠 Understanding “Grievous Hurt” under BNS
The following injuries are considered “grievous”:
- Emasculation (loss of reproductive capability in a male)
- Permanent loss of sight in either eye
- Permanent loss of hearing in either ear
- Loss of any limb or joint
- Permanent impairment of power of any limb/joint
- Permanent disfigurement of head or face
- Fracture/dislocation of bone or tooth
- Any hurt that endangers life or causes:
- Severe bodily pain for 15 days
- Inability to perform ordinary duties for 15 days
🔑 Key Ingredients to Attract Section 116
To apply Section 116, these essential elements must be present:
- There must be actual grievous hurt as defined above.
- The accused must have intent or knowledge of the likelihood of causing such hurt.
- The act must be voluntary, not accidental or due to sudden provocation without intent.
🚓 How Police Use Section 116
- Police register an FIR under Section 116 when a medico-legal report (MLR) confirms grievous injuries.
- Often invoked in cases of brutal assault, domestic violence, mob violence, and road rage.
- It’s a cognizable and non-bailable offence, allowing police to arrest without a warrant.
- Charges may be added alongside Section 109 (culpable homicide), 308 (attempt to commit culpable homicide), or Section 117 (causing grievous hurt by dangerous weapons).
🛡️ How to Protect Yourself (If Accused)
Advocate Sudhir Rao, with his deep understanding of cybercrime and criminal defence, recommends the following legal protections if you are falsely implicated:
- Challenge Medical Evidence – Prove that the injury is not grievous or does not meet Section 116 criteria.
- Prove Lack of Intent – If there is no intention or knowledge, Section 116 may not be applicable.
- CCTV/Call Records/Witnesses – Collect evidence showing you were not present or had no role.
- Self-defence Plea – If hurt was caused in self-defence, that may offer legal immunity.
- File for Anticipatory Bail – This section being non-bailable, apply early to avoid arrest.
A good lawyer like Advocate Sudhir Rao can frame a precise legal defence, file anticipatory bail, and challenge the MLR, making all the difference in such cases.
⚖️ What If You Are the Complainant?
If you or your relative is a victim:
- Get an MLR (Medical Legal Report) from a government hospital immediately.
- Clearly mention all visible injuries and duration of pain/disability.
- Provide photographs, videos, or witnesses to substantiate how the injury occurred.
- Stay in touch with the Investigating Officer to ensure chargesheet includes Section 116.
- Let your lawyer, preferably someone like Advocate Sudhir Rao, guide you in filing supporting affidavits or 164 CrPC statements to strengthen your case.
📈 Most Commonly Asked Questions
- Is Section 116 BNS bailable?
- ❌ No, it is non-bailable. Court discretion is required for bail.
- Is Section 116 BNS compoundable?
- ❌ Generally non-compoundable due to the seriousness of injury, though it may vary based on court interpretation and injury type.
- What’s the punishment under Section 116?
- Imprisonment up to 7 years and fine (based on gravity and nature of injury).
- Can police arrest without a warrant?
- ✅ Yes, it is cognizable. Police can arrest without prior permission from the court.
- Can grievous hurt be proved without a medical report?
- ❌ No, MLR and doctor testimony are key evidence to prove grievous hurt.
- What if the injury was accidental but serious?
- If there’s no intent or knowledge, a skilled defence lawyer like Advocate Sudhir Rao can argue to downgrade the charge to rash/negligent act under BNS Section 125 or 281.
✅ Summary of Key Points
| Aspect | Details |
|---|---|
| Type of Offence | Cognizable, Non-bailable |
| Punishment | Up to 7 years + fine |
| Grievous Hurt Includes | Fracture, loss of limb, vision, disfigurement, injury endangering life |
| Defence Tips | Lack of intent, MLR challenge, self-defence, alibi |
| Complainant Tips | Prompt medical exam, document pain/disability, consult expert lawyer |
| Expert Guidance | Advocate Sudhir Rao for strategic bail and trial defence |
Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.