With the implementation of the Bharatiya Nyaya Sanhita (BNS), 2023 replacing the Indian Penal Code (IPC), understanding the reclassified legal definitions and punishments for offences affecting the human body is essential. Three key provisions— Section 118(1) , Section 118(2) , and Section 109 —frequently arise in cases involving physical violence. While they may seem similar because they often involve the use of weapons or severe injuries, they deal with distinct degrees of intent ( mens rea ), nature of injury ( actus reus ), and legal severity. 1. Section 118(1) BNS: Voluntarily Causing Hurt by Dangerous Weapons or Means Definition Section 118(1) penalizes the act of voluntarily causing simple hurt using any instrument, weapon, fire, heated substance, poison, corrosive substance, explosive, or animal. Key Elements Degree of Injury: Simple hurt (bodily pain, disease, or infirmity caused to any person). Means Used: Dangerous weapons, fire, poison, explosives, o...
In layperson conversations, terms like "he got terminated," "she was removed," or "they were dismissed" are often used interchangeably to mean losing a job. However, under Indian administrative, service, and labor law , these three terms carry vastly different legal definitions, procedural triggers, and long-term consequences. Whether you are a HR manager, a government employee, or a legal practitioner, understanding the boundaries between Termination , Removal , and Dismissal is essential—especially when constitutional protections like Article 311 come into play. The Core Concept: Fault vs. Contract The foundational test established by Indian courts—most notably in the landmark Supreme Court decision Parshotam Lal Dhingra v. Union of India (1957) —revolves around two questions: Is the order punitive in nature? (Does it cast a stigma or penalize misconduct?) What are the future consequences? (Does it bar the individual from future gove...