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IPC 326 → BNS 118: Hurt by Dangerous Weapons

IPC Section 326 (Hurt by Dangerous Weapons) under the old Indian Penal Code 1860 is now covered under Section 118 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

326

Hurt by Dangerous Weapons

Voluntarily causing grievous hurt by dangerous weapons

New Law — BNS 2023

118

Hurt by Dangerous Weapons

Punishment / Liability
Enhanced - Life or up to 10 years with fine
Key Change / Note
Acid attacks specifically addressed

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What changed for IPC 326?

IPC 326 (Hurt by Dangerous Weapons) — voluntarily causing grievous hurt by dangerous weapons — now maps to BNS Section 118. Key change: Acid attacks specifically addressed. Punishment under BNS 118: Enhanced - Life or up to 10 years with fine.

IPC 326 (now BNS 118): Grievous Hurt by Dangerous Weapons or Means

IPC 326 dealt with grievous hurt inflicted not by bare hands but by a dangerous instrument or means — a knife or other cutting or stabbing instrument, a firearm, fire or a heated substance, poison or a corrosive or explosive substance, or even an animal. From 1 July 2024 it continues as Section 118 of the Bharatiya Nyaya Sanhita (BNS) 2023.

Punishment under BNS 118

Enhanced — imprisonment for life, or up to 10 years, with fine. Section 118(2) punishes grievous hurt by such dangerous means with imprisonment for life, or imprisonment of either description for a term not less than one year and up to ten years, and fine. It is the use of a deadly weapon that lifts the offence above ordinary grievous hurt under Section 117. Section 118(1) handles the lesser case of simple hurt caused by the same dangerous means.

What changed from IPC to BNS?

Acid attacks are now addressed cleanly and separately. Under the old code these had been inserted as IPC 326A and 326B; the BNS gives them their own standalone provision in Section 124 — causing grievous hurt by acid (not less than ten years, up to life, with fine paid to the victim for treatment) and throwing or attempting to throw acid (five to seven years). So Section 118 governs dangerous weapons and means generally, while acid cases are carved out and dealt with more severely under Section 124.

Worked example

In a brawl A slashes B across the face with a knife, leaving a permanent scar. Permanent disfiguration of the face is grievous hurt, and it was caused by a cutting instrument, so A is charged under Section 118(2) — facing up to ten years or even life, with fine. Had A instead thrown acid on B, the case would shift to the stricter Section 124.

Practical notes

  • For advocates: The weapon or means is the gravamen — lead evidence (seizure memo, injury report, forensic link) tying the dangerous instrument to the grievous injury. Distinguish carefully between Section 118 for general dangerous means and Section 124 for acid, since the minimum sentences differ.
  • For the accused / citizens: This is a non-bailable, Sessions-triable charge. Recovery of the alleged weapon and the medical opinion on how the injury was caused are central; it is open to contest both the "grievous" classification and whether a dangerous weapon was in fact used.

Related reading: hurt by dangerous weapons (IPC 324 to BNS 118) and grievous hurt defined (IPC 320 to BNS 116).

Frequently Asked Questions

What is the BNS equivalent of IPC Section 326?

IPC Section 326 (Hurt by Dangerous Weapons) is now covered under Section 118 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 118?

Enhanced - Life or up to 10 years with fine

What is the key difference between IPC 326 and BNS 118?

Acid attacks specifically addressed

Is IPC 326 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The hurt by dangerous weapons offence earlier in IPC 326 is now governed by BNS 118 — pending IPC 326 cases continue, but new FIRs cite BNS 118.

Case Law on Section 326

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