सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 118

Voluntarily causing hurt or grievous hurt by dangerous weapons or means

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.