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.
Read also –Section 116 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS