(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Simplified Explanation
Section 119 of the Bharatiya Nyaya Sanhita (Indian Penal Code) addresses situations where hurt or grievous hurt is caused with the specific intent of extorting property or forcing someone to commit an illegal act. This section provides a framework for punishment for individuals who use violence or harm as a means to further criminal or unlawful objectives.
Text of Section 119
Sub-section (1) – Voluntarily Causing Hurt to Extort Property or Force an Illegal Act
“Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
- Purpose: The section applies when hurt is caused with the intent to extort property or force someone to do something illegal.
- Extorting property: This includes threatening or injuring someone to force them to hand over money, goods, or other valuable items.
- Constraining to commit an illegal act: The intent here is to use force or violence to make someone do something illegal or facilitate a crime.
- Punishment for Causing Hurt: If the harm caused is hurt (i.e., not grievous):
- The punishment is imprisonment for up to 10 years.
- The individual will also be liable to a fine.
Sub-section (2) – Voluntarily Causing Grievous Hurt to Extort Property or Force an Illegal Act
“Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
- Purpose: This sub-section applies when grievous hurt (serious harm) is caused for the same reasons as in Sub-section (1) – to extort property or compel an illegal act.
- Punishment for Causing Grievous Hurt: If the person causes grievous hurt:
- The punishment is life imprisonment or imprisonment for up to 10 years.
- The individual will also be liable to a fine.
Key Points
- Intent: Both sub-sections focus on the intent behind the harm caused. The injury is not incidental but rather serves the purpose of:
- Extorting property (e.g., theft or extortion).
- Forcing someone to commit an illegal act (e.g., making them an accomplice to a crime or coercing them into breaking the law).
- Hurt vs. Grievous Hurt: The distinction between hurt and grievous hurt plays a significant role in determining the severity of the punishment.
- Hurt (less severe injuries) leads to up to 10 years of imprisonment.
- Grievous hurt (serious injuries) can result in life imprisonment or up to 10 years in prison, reflecting the more severe impact of causing significant harm.
- Punishments: The penalties are higher for those causing grievous hurt compared to ordinary hurt:
- Hurt: Punishable by up to 10 years in prison and a fine.
- Grievous Hurt: Punishable by life imprisonment or up to 10 years in prison, along with a fine.
- Facilitating Criminal Activities: The law targets not only those who harm others for financial gain but also those who use violence to further illegal activities.
Example
- Example of Hurt:
- A threatens B and causes minor injuries (such as a bruise) in order to force B to hand over money. A has voluntarily caused hurt to extort property, and would be punished under Sub-section (1) with imprisonment of up to 10 years and a fine.
- Example of Grievous Hurt:
- A seriously injures B (e.g., by breaking B‘s arm) to coerce B into helping A with a crime, such as smuggling or illegal activities. Since grievous hurt was caused, A would face more severe punishment under Sub-section (2), including life imprisonment or up to 10 years in prison.
Conclusion
Section 119 addresses voluntarily causing hurt or grievous hurt to extort property or force someone into committing an illegal act. The law recognizes the seriousness of such offenses and prescribes severe penalties for those who use violence to further criminal purposes. It distinguishes between ordinary hurt and grievous hurt, with higher punishments for more severe injuries. The section emphasizes protecting individuals from being coerced or harmed for illegal gain.
