Bharatiya Nyaya Sanhita, 2023
Section 118
Voluntarily causing hurt or grievous hurt by dangerous weapons or means
(1) Whoever, except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is
likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both.
(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment for life, or with 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.
Why this exists
This provision continues the approach of the old Indian Penal Code (Sections 324 and 326), which treated hurt caused by dangerous weapons or methods more seriously than ordinary hurt, because such means show greater intent to harm and higher risk of death or permanent injury. The 2023 Bharatiya Nyaya Sanhita separated acid attacks into their own provision (Section 122) due to their distinct social harm and gender-based violence context, and this section now covers all other dangerous-weapon hurt cases.
How courts read it
Under the predecessor provisions (IPC Sections 324 and 326), courts consistently held that the nature of the weapon or substance used, and the manner of its use, are key to deciding whether an act falls under this graded category rather than simple hurt. Courts examined whether the object was 'used as a weapon of offence' and was 'likely to cause death,' rather than looking only at the actual injury caused. This interpretive approach is expected to continue under Section 118 of the BNS.
Common misconceptions
- Myth: This section covers acid attacks too.
Fact: Acid attacks are specifically excluded here and dealt with separately under Section 122, which has its own punishment scheme. - Myth: Only weapons like knives or guns count as 'dangerous means.'
Fact: The law also includes fire, heated substances, poison, corrosive chemicals, explosives, harmful substances taken into the body, and even animals used to cause hurt.