Answer By law4u team
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.
Brief Detail
BNS Section 116 defines grievous hurt as a category of harm that involves severe injuries or permanent impairments. The section lists specific types of injuries, including emasculation, loss of vision or hearing, damage to limbs or joints, permanent disfigurement, fractures, or any injury that causes life-threatening conditions or incapacitates the individual for at least fifteen days.
Question & Answers
Q1: What is defined as grievous hurt under BNS Section 116?
A1: Under BNS Section 116, grievous hurt refers to severe injuries, including emasculation, permanent loss of sight, hearing, or the use of limbs, permanent disfigurement, fractures, and any harm that endangers life or incapacitates the individual for at least fifteen days.
Q2: What injuries are considered grievous under this section?
A2: The injuries considered grievous include emasculation, loss of sight, loss of hearing, disfigurement of the head or face, fractures, dislocations, and injuries that cause severe pain or incapacitation for more than fifteen days.
Q3: Is a fracture of a bone classified as grievous hurt under BNS Section 116?
A3: Yes, under BNS Section 116, the fracture or dislocation of a bone or tooth is classified as grievous hurt.
Q4: What does emasculation refer to in the context of grievous hurt?
A4: Emasculation refers to the loss or impairment of reproductive capabilities and is considered grievous hurt under BNS Section 116.
Q5: Does BNS Section 116 cover temporary injuries?
A5: No, BNS Section 116 primarily covers permanent injuries and impairments, as well as severe injuries that incapacitate a person for at least fifteen days.
Example
Scenario 1: If a person permanently loses vision in one eye due to an injury, this would be classified as grievous hurt under BNS Section 116.
Scenario 2: A person suffers a broken leg in an accident and is unable to walk or perform daily activities for over fifteen days. This injury would also be considered grievous hurt under this section.
Scenario 3: An individual suffers severe head injuries, resulting in permanent disfigurement. According to BNS Section 116, this would be categorized as grievous hurt.
Summary
BNS Section 116 outlines specific injuries that qualify as grievous hurt, including emasculation, permanent loss of vision or hearing, fractures, and injuries that either disfigure or incapacitate a person for an extended period. These injuries are categorized based on their severity and lasting effects on an individual’s life and bodily functions.
