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BNS 2024ACTIVE FRAMEWORK

Section 119-123

Hurt: Aggravated Forms

Non-BailableCognizable: CognizableCourt of Session / Magistrate First Class

Reform Highlights

1

Renumbered from IPC 325–333 to BNS 119–123.

2

Section 121 on public endangerment preserved — applies to reckless mass-endangerment scenarios.

3

Hurt to extort confession (BNS 123) directly criminalises custodial torture.

THE STATUTE

The Clause

Section 119: Voluntarily causing grievous hurt by dangerous weapons or means. Section 120: Attempt to commit culpable homicide. Section 121: Act endangering life or personal safety of others. Section 122: Voluntarily causing hurt to extort property or a valuable security. Section 123: Voluntarily causing hurt to extort confession.

Legal Commentary

Sections 119–123 elaborate the aggravated forms of voluntarily causing hurt, each attaching an additional element that justifies substantially higher punishment. Section 119 (grievous hurt by dangerous weapon) imposes up to 10 years — the weapon elevates the moral culpability because the offender chose an instrument likely to cause death. Section 121 is uniquely protective of public safety — any act that endangers the life or personal safety of others in a public place (reckless driving in a crowd, firing in public, releasing dangerous chemicals) attracts punishment, even without a specific victim being hurt. This provision is the criminal law's response to mass-endangerment. Sections 122 and 123 address hurt used instrumentally — as a means to extort property or extort confessions. Section 122 (hurt to extort) covers the classic kidnapping-for-ransom scenario where victims are physically harmed to pressure families into paying. Section 123 (hurt to extort confession) has powerful constitutional dimensions — it directly addresses the practice of 'third degree' by police and other actors, criminalising torture used to extract confessions. Read with Section 176 (which makes confessions obtained by force inadmissible in court), Section 123 creates both a criminal prohibition and an evidentiary consequence for torture.

Landmark Precedents

Saju v. State of Kerala (2001)

(2001) 1 SCC 378
RELEVANCE

Abetment by instigation requires active suggestion or stimulation of the offence — mere association with the offender is insufficient; applied across the BNS 119–123 abetment framework.

Case Simulations

"A criminal gang that beats a kidnapping victim's finger with a hammer and sends a video to the family demanding ransom — hurt to extort property under BNS 122."
"A person who fires a gun into the air in a crowded market during a celebration, causing a bullet to injure a bystander — endangering life under BNS 121."
"A police officer who beats a suspect with a wooden baton to force a confession — hurt to extort confession under BNS 123."

Expert Insights

Yes. Section 123 expressly criminalises causing hurt for the purpose of extorting a confession or information — custodial torture falls squarely within this provision. Additionally, it constitutes an offence under the Prevention of Torture Bill framework and attracts NHRC scrutiny. Enforcement remains the challenge, not the legal framework.
If you set off firecrackers in a public place in a manner that created a foreseeable risk to others — e.g., firing rockets in a crowded street — Section 121 may apply even if you did not intend to harm anyone. The focus is on the reckless endangerment of public safety.