(1) Whoever, except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both.
(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.
Simplified Explanation
Section 118 of the Bharatiya Nyaya Sanhita (Indian Penal Code) addresses voluntarily causing hurt or grievous hurt using dangerous weapons or means. It prescribes punishments for acts where the injury is inflicted using weapons or methods that are likely to cause significant harm, or even death, to the victim.
Text of Section 118
Sub-section (1) – Voluntarily Causing Hurt by Dangerous Weapons or Means
“Whoever, except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both.”
- Causing Hurt: This sub-section applies to cases where a person voluntarily causes hurt (physical harm) to another using dangerous means or instruments, such as:
- Weapons for shooting, stabbing, or cutting: Any weapon that can cause serious injury, such as a gun, knife, or sharp object.
- Fire or heated substances: Using fire or hot objects that can burn or cause injury.
- Poison or corrosive substances: Using harmful chemicals or poisons that can injure the body.
- Explosive substances: The use of explosives like bombs, grenades, or any other harmful explosive device.
- Deleterious substances: Substances that can harm the body when inhaled, swallowed, or injected into the blood.
- Animals: Using an animal to cause harm, such as encouraging it to attack or harm someone.
- Punishment for Hurt: If a person causes hurt using any of these dangerous means, they can be punished with:
- Imprisonment for up to three years.
- A fine up to twenty thousand rupees.
- Both imprisonment and fine.
Sub-section (2) – Voluntarily Causing Grievous Hurt by Dangerous Weapons or Means
“Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.”
- Causing Grievous Hurt: This sub-section deals with cases where grievous hurt (serious physical harm) is caused using the dangerous means listed in Sub-section (1).
- Punishment for Grievous Hurt: If a person causes grievous hurt with any of these dangerous methods, the punishment is more severe:
- Imprisonment for life, or
- Imprisonment for a term of at least one year, which can extend to ten years, and
- The person will also be liable to a fine.
Key Points
- Dangerous Means: The section specifically targets harm caused by dangerous weapons or substances, including firearms, poisons, corrosive chemicals, explosives, and even animals. These methods are considered more dangerous and harmful due to the potential for serious injury or death.
- Hurt vs. Grievous Hurt: The section distinguishes between causing hurt (lesser injuries) and grievous hurt (serious injuries):
- Hurt: Can lead to up to three years of imprisonment or a fine.
- Grievous Hurt: Results in more severe punishment, with the possibility of life imprisonment or up to ten years in prison.
- Punishments: The punishments under this section reflect the severity of using dangerous means to cause harm:
- For hurt, the punishment is up to three years in prison and/or a fine.
- For grievous hurt, the punishment can be up to life imprisonment or a prison term of one to ten years, along with a fine.
- Exemptions: The exceptions mentioned refer to the provisions in Section 122, which deals with certain conditions where specific circumstances might affect the applicability of the punishment.
Conclusion
Section 118 is designed to punish individuals who use dangerous weapons or harmful substances to intentionally cause hurt or grievous hurt. The section ensures that those who cause injury using highly dangerous means face significant legal consequences, including imprisonment (up to life for grievous hurt) and substantial fines. The law recognizes the severity of harm caused by such dangerous methods and prescribes strict punishments accordingly.
