Section 118: Voluntarily Causing Hurt or Grievous Hurt by Dangerous Weapons

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Any Magistrate / Magistrate 1st Class
Non-Bailable
Cognizable
Formerly Sec 324, 326 IPC

Legal Commentary & Landmark Judgments: Section 118

Section 118 penalizes voluntarily causing hurt or grievous hurt by dangerous weapons or means, prescribing imprisonment up to three years for hurt, and imprisonment for life or up to ten years for grievous hurt.

  • Dangerous Weapons & Means: Inflicted by instruments for shooting, stabbing, or cutting; weapons used as offensive weapons; fire or heated substance; poison or corrosive substance; or by means of intoxicating or unwholesome drugs.
  • Two Sentencing Tiers: Sub-section (1): Causing simple hurt by dangerous weapons carries imprisonment up to three years, or fine, or both. Sub-section (2): Causing grievous hurt carries imprisonment for life or imprisonment up to ten years, and fine.
  • Aggravated Weapon Offence: Transforms basic assault into a grave non-bailable felony (formerly Sections 324 and 326 IPC).
Key Landmark Precedents:
  • State of U.P. v. Indrajeet (2000) 7 SCC 249: The Supreme Court affirmed that under Section 324/326 IPC (Section 118 BNS), the prosecution must prove the dangerous character of the weapon and that it was used in a manner likely to cause death or grievous injury.
  • Mathai v. State of Kerala (2005) 3 SCC 260: Held that an ordinary stone or blunt club does not ipso facto qualify as a dangerous weapon unless wielded in a lethal manner.
Courtroom Practice & Strategic Litigation Guidance:

Cross-examine the Investigating Officer on weapon recovery: if the alleged knife or sharp weapon was not seized, or if the doctor opines that the laceration was caused by a blunt surface or fall, Section 118 BNS charges must fail.