Bharatiya Nyaya Sanhita, 2023
Section 116
Grievous hurt
The following kinds of hurt only are designated as “grievous”, namely:—
(a) Emasculation;
(b) Permanent privation of the sight of either eye;
(c) Permanent privation of the hearing of either ear;
(d) Privation of any member or joint;
(e) Destruction or permanent impairing of the powers of any member or joint;
(f) Permanent disfiguration of the head or face;
(g) Fracture or dislocation of a bone or tooth;
(h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.
Why this exists
Colonial-era Indian criminal law (originally Section 320 of the Indian Penal Code, 1860, drafted under Macaulay) needed a clear line between minor injuries and serious ones, since punishment severity depends on how badly someone is hurt. By listing specific, objective categories — like broken bones, blindness, or life-threatening injury — the law tries to avoid vague or subjective judgments about how 'serious' an injury is, giving police, doctors, and courts a concrete checklist. Bharatiya Nyaya Sanhita, 2023 carries this provision forward almost verbatim as Section 116, continuing over a century of settled interpretation.
How courts read it
Courts under the old IPC Section 320 (the identical predecessor) held that this list is exhaustive — an injury not fitting one of these categories cannot be called 'grievous', however severe it looks. Judges have clarified that under clause (h), '20 days in severe bodily pain or unable to follow ordinary pursuits' must be proved with medical evidence, not just assumed from the injury's appearance. Courts have also held that a fracture, even a hairline one confirmed by X-ray, satisfies clause (g) regardless of how quickly the person recovers.
Common misconceptions
- Myth: Any painful or bloody injury counts as 'grievous hurt.'
Fact: Only injuries matching one of the eight specific categories listed in Section 116 count as grievous hurt — the list is exhaustive, not just a guideline. - Myth: A cut or bruise that takes a long time to heal is automatically grievous.
Fact: It only counts under clause (h) if it endangers life, or causes severe pain or inability to work for at least 15 days, and this must usually be shown through medical evidence.