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.

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Overview

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

Defining the Offence of Grevious Hurt and its Punishment

Before going with the Grevious hurt, you must have a brief of the word “Hurt”, which is clearly defined underClause 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:––

Emasculation;
Permanent privation of the sight of either eye;
Permanent privation of the hearing of either ear;
Privation of any member or joint;
Destruction or permanent impairing of the powers of any member or joint;
Permanent disfiguration of the head or face;
Fracture or dislocation of a bone or tooth;
Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.

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.

Bail Provision for the Offence under Clause 101

Here, the complete stepwise procedure of Bail is given below:

Step 1: Seeking Legal Professional help

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.

Step 2: Application Filing

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.

Step 3: Grant of Bail or Denied

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.