Navigating Criminal Law: Understanding Sections 118(1), 118(2), and 109 of the Bharatiya Nyaya Sanhita (BNS), 2023
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...