Bharatiya Nyaya Sanhita, 2023
Section 117
Voluntarily causing grievous hurt
(1) Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”. Explanation.—A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind. Illustration. A, intending of knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face, but which causes Z to suffer severe bodily pain for the space of fifteen days. A has voluntarily caused grievous hurt.
(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(3) Whoever commits an offence under sub-section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.
(4) When a group of five or more persons acting in concert, causes grievous hurt to a person on the ground of his race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Why this exists
This provision continues the long-standing distinction in Indian criminal law between simple hurt and 'grievous' hurt, which involves more serious consequences like fractures, loss of a limb, or disfigurement. Bharatiya Nyaya Sanhita retained and updated the older Indian Penal Code approach (Section 322 and related provisions) while adding modern concerns: harsher punishment for injuries causing permanent disability or vegetative states (reflecting medical realities and disability rights), and a new provision targeting group/mob violence motivated by identity, responding to real-world incidents of communal or caste-based mob attacks where establishing individual blows is often difficult.
How courts read it
Under the predecessor provision in the Indian Penal Code, courts consistently held that the accused's intention or knowledge must specifically relate to causing grievous hurt, not merely any hurt — simple assault causing minor injury did not qualify even if a serious injury coincidentally resulted, unless the mental element matched the seriousness of the harm. Courts also clarified that if the accused intended one kind of grievous hurt (e.g., disfigurement) but caused another kind (e.g., prolonged severe pain), the offence was still made out, as reflected in the Explanation and illustration retained in this section. As this section is new, its provisions on permanent disability and group-based mob violence have not yet been tested extensively by higher courts.
Common misconceptions
- Myth: Any injury that happens to be serious counts as 'grievous hurt' under this section, even if the attacker only meant to scare or push someone.
Fact: The law requires that the attacker specifically intended or knew their act was likely to cause serious injury — not just any hurt. Accidental seriousness without that mental state doesn't meet this definition (though other provisions may apply). - Myth: If someone intended a different type of serious injury than what actually happened, they escape liability under this section.
Fact: The Explanation makes clear that intending one kind of grievous hurt but causing another kind still counts as voluntarily causing grievous hurt. - Myth: Only the person who physically struck the victim can be punished in a mob attack.
Fact: Under sub-section (4), every member of a group of five or more acting together on discriminatory grounds can be individually punished, regardless of who delivered the actual blow.