BACK TO SECTIONS(2014) 4 SCC 427
Non-BailableCognizable: CognizableMagistrate First Class / Court of Session
Reform Highlights
1
Consolidated from IPC 324/326 to BNS 118.
2
Acid attack framework retained and highlighted.
3
Enhanced punishment for grievous hurt by dangerous weapons — up to 10 years.
THE STATUTE
The Clause
Whoever, except in the case provided for by section 121, 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...
Legal Commentary
Section 118 significantly elevates punishment for hurt or grievous hurt when committed using dangerous weapons or means. The section captures the reality that the same underlying act is far more morally culpable when committed with instruments designed to kill. A knife attack, a gunshot, an acid throw, burning by fire, poisoning — all are categorically different from a punch or slap. The section lists specific means: firearms and bladed weapons, fire, heated substances, poisons, corrosive substances (including acid), explosives, substances harmful if inhaled or ingested, and animals. Acid attack provisions were significantly strengthened post-2013 — acid attacks constitute grievous hurt under BNS 116(7) and attract up to 10 years under Section 118. The provision is cognizable — police can arrest without a warrant — reflecting the severity of these attacks. Courts have consistently held that the nature of the weapon used justifies the higher punishment even if the actual injury was minor, because the offender took the risk of causing death.
Landmark Precedents
Laxmi v. Union of India (2014)
RELEVANCE
PIL that led to regulation of acid sales and enhanced punishment for acid attacks — directly influenced the legislative changes now codified in BNS 118 read with BNS 116.
Case Simulations
"A person who stabs another in an argument, causing a non-life-threatening wound — BNS 118 (hurt by dangerous weapon)."
"A woman who throws acid at her neighbour out of a property dispute, causing burns — BNS 118 read with BNS 116 (grievous hurt)."
"A person who releases a snake to bite a rival — dangerous means under BNS 118."
Expert Insights
Yes. Courts have consistently held that objects 'likely to cause death' when used as weapons — including broken glass, sharpened metal, or heavy instruments — qualify as dangerous weapons.
Using acid (a corrosive substance) to cause hurt is covered regardless of whether the resulting injury is minor or grievous — though the punishment is calibrated to the degree of injury suffered.