#section118

Dowry deaths remain one of the most disturbing realities in India. Despite decades of reform, countless women still lose their lives because of harassment linked to dowry demands.

Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, aims to change this. It allows courts to presume that a person is responsible for a woman’s dowry death if it is proven that she faced cruelty or harassment connected to dowry “soon before” her death. This presumption shifts the burden to the accused, ensuring that justice is not blocked by the absence of direct evidence.

By working alongside the definition of “dowry death” in Section 80 of the Bharatiya Nyaya Sanhita, this law strengthens the fight against dowry-related violence. Yet, real change will come only when society rejects the practice of dowry entirely.

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Introduction

BNS Section 118 is a critical provision in criminal law that addresses the offense of voluntarily causing hurt or grievous hurt using dangerous weapons or means. This legal clause plays a vital role in ensuring public safety by penalizing individuals who inflict harm through hazardous methods. Covering a range of means—including weapons, fire, poison, explosives, and even animals—this law underscores the seriousness of such offenses.

What is BNS Section 118?

BNS Section 118 is divided into two key parts:

1. Voluntarily Causing Hurt (Sub-section 1)

Under sub-section (1) of Section 118, a person is guilty of an offense if they voluntarily cause hurt using:

Weapons such as instruments for shooting, stabbing, or cutting.

Fire or heated substances capable of causing burns or injuries.

Poison or corrosive substances that damage health upon contact or ingestion.

Explosive substances that can result in bodily harm.

Toxic substances that can harm the human body through inhalation, swallowing, or absorption into the bloodstream.

Animals used as weapons to attack a person.

Punishment for Voluntarily Causing Hurt

A person convicted under this provision faces:

Imprisonment of up to three years

A fine of up to twenty thousand rupees

Or both imprisonment and a fine

2. Voluntarily Causing Grievous Hurt (Sub-section 2)

Sub-section (2) deals with more serious injuries classified as "grievous hurt." This applies when the means listed in sub-section (1) result in severe injuries that significantly impact the victim’s health or bodily functions.

Punishment for Voluntarily Causing Grievous Hurt

If the act leads to grievous hurt:

Life imprisonment may be imposed.

A minimum imprisonment term of one year, which may extend to ten years.

A mandatory fine.

Why is BNS Section 118 Important?

Prevention of violent crimes: This law acts as a deterrent against the use of dangerous weapons and harmful substances.

Public safety: Ensures that individuals feel protected from attacks involving hazardous means.

Strict penalties: Reinforces the seriousness of such offenses with severe punishments.

Legal interpretation: Courts assess the intent, the means used, and the extent of harm caused when determining the punishment.