BACK TO SECTIONS1998 Cri LJ 543
N/A (Definition only)Cognizable: N/AN/A
Reform Highlights
1
Direct renumbering from IPC 320 to BNS 116.
2
Definition preserved identically — all eight categories maintained.
3
Acid attacks (formerly under Category 6) now have their own dedicated provision in BNS 124.
THE STATUTE
The Clause
The following kinds of hurt only are designated as 'grievous':— First: Emasculation. Second: Permanent privation of the sight of either eye. Third: Permanent privation of the hearing of either ear. Fourth: Privation of any member or joint. Fifth: Destruction or permanent impairing of the powers of any member or joint. Sixth: Permanent disfiguration of the head or face. Seventh: Fracture or dislocation of a bone or tooth. Eighth: Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
Legal Commentary
Section 116 defines the eight categories of 'grievous hurt' — the most serious forms of bodily injury short of death that the BNS recognises as deserving elevated punishment. The list is comprehensive and clinically precise. Emasculation covers injuries to male reproductive organs. Permanent loss of sight or hearing covers injuries destroying sensory function permanently — temporary blindness or deafness does not qualify. Loss of a 'member' covers amputation of limbs, fingers, toes. Permanent disfiguration of the head or face covers scarring, acid burns to the face, and other permanent facial damage. Fracture or dislocation of a bone or tooth is one of the more frequently invoked categories — a single broken bone from an assault elevates the charge from simple hurt to grievous hurt, dramatically changing the severity of punishment. The eighth category — hurt endangering life or causing 20+ days of severe pain or incapacity — is the most clinically flexible and captures injuries that may not fall neatly into the other seven. The addition by the BNS of acid attacks as a distinct provision (Section 124) means that while acid attacks causing disfiguration technically fell under Category 6 of IPC 320, they are now separately addressed with much heavier punishment. The significance of the grievous hurt definition lies in its cascading effect: a conviction for voluntarily causing grievous hurt (BNS 117) carries a dramatically higher penalty — up to 7 years — compared to simple hurt's 1 year.
Landmark Precedents
State of Rajasthan v. Nathu (1998)
RELEVANCE
Even a hairline fracture constitutes grievous hurt under the 7th category — BNS 116 applies regardless of the severity or permanence of the fracture.
Case Simulations
"A person who loses a finger in an assault — 'privation of a member or joint', grievous hurt under BNS 116."
"An acid attack victim with permanent facial scarring — permanent disfiguration of the face; also covered by the dedicated BNS 124 acid attack provision."
"A person whose arm is broken in a fight — fracture, grievous hurt, regardless of healing time."
"Punching someone so hard that they lose the vision in one eye permanently — permanent privation of sight, grievous hurt."
Expert Insights
Yes. A fracture or dislocation of a bone falls squarely within Category 7 of Section 116 — making it grievous hurt regardless of the severity of the fracture or the circumstances. Even a hairline fracture caused by an assault is technically grievous hurt.
Permanent disfiguration of the head or face (Category 6) covers permanent scars on the face or head. Scars on other parts of the body do not fall under this specific category, though they may qualify under Category 8 (hurt endangering life or causing prolonged incapacity) depending on severity.