(1) Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”.
Explanation.—A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
Illustration.
A, intending of knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face, but which causes Z to suffer severe bodily pain for the space of fifteen days. A has voluntarily caused grievous hurt.
(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(3) Whoever commits an offence under sub-section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.
(4) When a group of five or more persons acting in concert, causes grievous hurt to a person on the ground of his race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Simplified Explanation
Section 117 of the Bharatiya Nyaya Sanhita (Indian Penal Code) defines voluntarily causing grievous hurt and prescribes punishments for individuals who intentionally or knowingly cause grievous hurt to another person.
Text of Section 117
Sub-section (1) – Voluntarily Causing Grievous Hurt
“Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said ‘voluntarily to cause grievous hurt’.”
- This sub-section defines voluntarily causing grievous hurt as:
- Intending or knowing that an act will result in grievous hurt (serious injury).
- If the actual hurt caused is also grievous, then it constitutes voluntary grievous hurt.
Explanation:
- The explanation clarifies that a person is not considered to have voluntarily caused grievous hurt unless they both intend or know that the harm will be grievous and they actually cause grievous hurt.
- It also specifies that even if a person intends or knows that their action will cause a certain type of grievous hurt, but the actual injury is of a different type, it still counts as voluntarily causing grievous hurt.
Illustration:
- Example:
A, intending or knowing that his blow will permanently disfigure Z’s face, hits Z. However, the blow does not disfigure Z’s face permanently but causes Z to suffer severe bodily pain for 15 days. In this case, A has still voluntarily caused grievous hurt because the pain caused was severe enough to qualify as grievous.
Sub-section (2) – Punishment for Voluntarily Causing Grievous Hurt
“Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
- The punishment for voluntarily causing grievous hurt is:
- Imprisonment for a term up to seven years (either rigorous or simple imprisonment).
- The person may also be liable to a fine.
Sub-section (3) – Punishment for Causing Permanent Disability or Persistent Vegetative State
“Whoever commits an offence under sub-section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.”
- If the injury caused by voluntarily causing grievous hurt results in permanent disability or a persistent vegetative state (a state of prolonged unconsciousness), the punishment becomes more severe:
- Imprisonment for a minimum of 10 years, which could extend to life imprisonment (for the remainder of the person’s natural life).
Sub-section (4) – Punishment for Grievous Hurt by a Group on Grounds of Identity
“When a group of five or more persons acting in concert, causes grievous hurt to a person on the ground of his race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
- If a group of five or more people causes grievous hurt to someone due to their race, caste, community, sex, place of birth, language, personal belief, or any similar ground, each member of the group is guilty of causing grievous hurt.
- The punishment is:
- Imprisonment for a term up to seven years (either rigorous or simple).
- The group members will also be liable to a fine.
Key Points
- Intent and Knowledge: To be guilty under this section, the person must intend to cause grievous hurt or know that their actions are likely to cause grievous hurt, and the resulting injury must indeed be grievous.
- Punishments:
- Up to seven years of imprisonment for voluntarily causing grievous hurt, with a possible fine.
- If the victim suffers permanent disability or enters a persistent vegetative state, the punishment becomes 10 years of rigorous imprisonment, with the possibility of life imprisonment.
- Group Offenses: If a group causes grievous hurt based on discriminatory grounds (e.g., race, caste, etc.), all members of the group are guilty, and they face the same punishment of up to seven years in prison and a fine.
Conclusion
Section 117 of the IPC provides clear provisions for punishing those who voluntarily cause grievous hurt, including those whose actions lead to permanent disability or a persistent vegetative state. It also highlights the severity of crimes committed by groups motivated by discrimination. This section helps ensure that individuals who cause serious harm to others, intentionally or recklessly, face appropriate legal consequences.
