Clause-116 : Bail Provision
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Clause-116 : Bail Provision
Updated on May 19, 2026 01:36:10 PM
Section 116 of BNS defines the offence related to Grievous hurt, previously secured under section 320 of the Indian Penal Code. A grievous hurt occurs when someone is inflicted with serious physical or psychological harm. Disfigurement, disability, or trauma are sometimes the results of injuries that go beyond minor harm.
However, the claim of Grievous Hurt is just a claim until it is proven in court via legal procedure. During the trial, the accused can get bail with a promise to appear. In this article, we will go through a comprehensive understanding of this criminal offence (Grievous Hurt), its punishment and the legal procedure of the Bail.
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Here, is an overview of Clause 116 of BNS given below:
| Offence | Grievous Hurt |
|---|---|
| Clause under BNS | Clause 116 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 7 years, Fine or Both |
| Triable | Police station| Any Magistrate |
Before going with the Grevious hurt, you must have a brief of the word “Hurt”, which is clearly defined under Clause 114 - “Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”
Clauses 116, 117 and 118 talks about the grievous hurt those are as follow:
Clause 116:- The following kinds of hurt only are designated as “grievous”, namely:––
Clause 117:-
(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”.
(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.
Clause 118 :-
(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.
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because it is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of the police during the Bail procedure.
On your behalf, the lawyer drafts a bail application. In this application, they outline all the relevant details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
If necessary, your lawyer can represent you in court to make arguments and plead for your release regarding the bail. Bail will be granted or denied by the court based on the severity of the crime, evidence, character, and public interest.
The accused is released under conditions such as bond payment, police check-ins, and travel restrictions if granted. To ensure proper representation and compliance with legal protocols, obtaining legal guidance is crucial throughout this procedure.
Under clause 116 of the BNS, grievous hurt refers to serious bodily harm or injury. This clause outlines the punishment for such acts and outlines the bail procedure for those accused, so understanding its intricacies is crucial. The concept of grievous hurt encompasses a wide spectrum of injuries, each requiring careful consideration within the legal system. Clause 116 is examined in this article, shedding light on punishment criteria for perpetrators and the procedural aspects of seeking bail for those implicated in grievous harm cases.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
Disclaimer: The content provided on this site is intended for informational purposes only. Accessing or utilizing this site and its materials does not establish an attorney-client relationship. The information contained herein does not constitute legal or professional advice and should not be relied upon as such. It is not a substitute for obtaining legal counsel from a qualified attorney licensed in your jurisdiction
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