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Section 124 of The Bharatiya Nyaya Sanhita (BNS) 2023

Section 124 BNS, BNS 124
Section 124 BNS, BNS 124

Section 124 BNS (BNS 124) As Per The Government of India

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Section 124 BNS | BNS 124

124. Voluntarily causing grievous hurt by use of acid, etc.— (1) Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt or causes a person to be in a permanent vegetative state shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:

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Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the victim.

(2) Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.

Explanation 1.— For the purposes of this section, “acid” includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.

Explanation 2.— For the purposes of this section, permanent or partial damage or deformity or permanent vegetative state shall not be required to be irreversible.

Section 124 BNS Punishment

SectionPunishmentBy what Court triable
Section 124(1) BNSImprisonment for not less than 10 years but which may extend to imprisonment for life and fine.Court of Session.
Section 124(2) BNSImprisonment for 5 years but which may extend to 7 years and fine.Court of Session.

Section 124 BNS Bailable or Not

SectionBailable or Non-bailable
Section 124(1) BNSNon-Bailable
Section 124(2) BNSNon-Bailable

Section 124 BNS Cognizable or Not

SectionCognizable or Non-cognizable
Section 124(1) BNSCognizable
Section 124(2) BNSCognizable

BNS Section 124 Compoundable or Not

SectionCompoundable or Not?
Section 124(1) BNSNon-Compoundable
Section 124(2) BNSNon-Compoundable

Frequently Asked Questions (FAQ)

What is Section 124 BNS (BNS 124)?

Section 124 BNS, also known as BNS 124, is a crucial legal provision aimed at addressing the severe issue of acid attacks and other forms of serious harm. This section of the law outlines the penalties for those who use acid or similar substances to inflict grievous injuries on others. Here’s a clear breakdown of what this section entails and how it impacts both offenders and victims.

Section 124 BNS deals with crimes involving the use of acid or corrosive substances to cause serious harm. Under this section, anyone who deliberately causes severe injuries, such as permanent or partial damage, burns, maiming, disfigurement, or disability by using acid or other means, faces significant legal consequences. This includes throwing acid on someone, administering it, or using other methods with the intent to cause such harm.

The penalties for violating Section 124 BNS are severe. If a person is found guilty of causing grievous hurt, they could face imprisonment for a minimum of ten years, which could extend to life imprisonment. In addition to this, offenders may also be fined. This fine is not just a form of punishment but is specifically designed to cover the victim’s medical expenses. Any fine imposed must be reasonable and aimed at helping with the victim’s treatment, and importantly, it is paid directly to the victim.

Details of Section 124 BNS

Subsection 1: Serious Harm and Imprisonment

Section 124 BNS(1) addresses cases where a person causes serious injuries, including permanent or partial damage to any part of the body, or results in burns, maiming, disfigurement, or a permanent vegetative state. The law is stringent, stipulating imprisonment of no less than ten years and potentially for life. This severe punishment underscores the serious nature of acid attacks and their impact on victims’ lives. The fine imposed in such cases must cover the medical expenses related to the victim’s injuries, ensuring that the financial burden does not fall solely on the victim or their family.

Subsection 2: Attempted Harm

Section 124 BNS(2) focuses on those who attempt to inflict such harm but might not succeed. If someone throws acid or tries to administer it with the intention to cause significant harm or injury, they face imprisonment for a term of not less than five years and up to seven years. In addition to imprisonment, they will also face fines. This provision aims to deter individuals from even attempting such acts, recognizing that the intent to cause severe harm is a serious offense in itself.

What Does “Acid” Mean Under BNS 124?

The term “acid” in Section 124 BNS is defined broadly to include any substance with acidic or corrosive properties that can cause bodily injury. This definition is inclusive of various substances that can lead to serious injuries, including those that cause scars, disfigurement, or disabilities—whether temporary or permanent. The broad definition ensures that the law covers a range of harmful substances, not just traditional acids, thereby addressing a wide spectrum of dangerous chemicals.

Explanation of Damage and Deformity

An important aspect of Section 124 BNS is how it defines damage and deformity. The law does not require the harm to be irreversible. This means that even if the injuries or deformities are not permanent but still significant, they fall under the scope of this section. The focus is on the severity of the harm and the intent behind the act, ensuring that any serious injury, regardless of its permanence, is addressed by the law.

Legal Implications and Enforcement

The legal implications of Section 124 BNS are profound. The law’s severe penalties reflect the gravity of acid attacks and aim to serve as a deterrent against such crimes. Enforcement involves detailed investigations to establish the intent and the extent of the harm caused. This process includes collecting medical evidence and testimonies to build a case that ensures justice for the victims.

Impact on Victims

Acid attacks can have devastating effects on victims, not just physically but also emotionally and psychologically. Section 124 BNS plays a critical role in addressing these severe crimes by imposing harsh penalties on offenders and ensuring that victims receive the necessary financial support for their medical treatment. The law’s provision for fines to cover medical expenses highlights its commitment to providing relief and justice for those who suffer due to such violent acts.

Section 124 BNS, or BNS 124, represents a strong legal stance against the use of acid and corrosive substances to inflict serious harm. By defining the scope of acid-related offenses clearly and imposing severe penalties, the law seeks to protect individuals from extreme harm and ensure that offenders face appropriate consequences. This comprehensive approach, including financial support for victims, underscores the law’s commitment to justice and the well-being of those affected by acid attacks. Understanding Section 124 BNS is crucial for recognizing the seriousness of these crimes and the measures taken to combat them effectively.

What is Section 124(1) BNS (BNS 124(1))?

Section 124(1) BNS, or BNS 124(1), is a significant legal provision designed to address severe crimes involving acid attacks and other forms of grievous harm. This section outlines the severe penalties for anyone who deliberately causes serious injuries using acid or similar means. Understanding this law is crucial for recognizing its impact on justice and protection for victims.

Section 124(1) BNS deals with serious offenses involving the use of acid or corrosive substances to inflict harm on individuals. According to this provision, anyone who causes significant injury—whether through permanent or partial damage, burns, maiming, disfigurement, or disability—using acid or similar means will face severe punishment. This includes throwing acid at someone, administering it, or using any other method with the intent or knowledge of causing such injury.

The law is particularly stringent in its punishment for those who cause grievous hurt, resulting in permanent harm or even placing a person in a permanent vegetative state. The penalties for violating Section 124(1) BNS are harsh, with imprisonment ranging from a minimum of ten years to life, alongside a substantial fine. This fine is meant to cover the victim’s medical expenses, ensuring that the financial burden of treatment is addressed.

Definitions and Scope of “Acid” Under BNS 124(1)

Section 124(1) BNS defines “acid” broadly to include any substance with acidic or corrosive properties that can cause significant bodily harm. This means that any substance capable of causing serious injuries, including scars, disfigurement, or disabilities—whether temporary or permanent—is covered under this section. The law’s inclusive definition ensures that a wide range of harmful substances is addressed, not just traditional acids.

Explanation of Harm and Injuries

A crucial aspect of Section 124(1) BNS is its interpretation of “grievous hurt” and the types of harm it covers. The law does not require that the damage be irreversible. This means that even if the injuries are not permanent, but still cause severe harm or significant deformity, they fall under this section. Whether the damage is complete or partial, or if it places the victim in a persistent vegetative state, the law ensures that perpetrators are held accountable for their actions.

This flexibility in interpretation allows the law to cover various scenarios where severe injuries are inflicted, regardless of whether they result in permanent disability or just significant, lasting effects.

Legal Implications and Enforcement

The legal implications of Section 124(1) BNS are far-reaching. The section aims to deter potential offenders by imposing severe penalties, reflecting the serious nature of acid attacks. By ensuring that offenders face long-term imprisonment and substantial fines, the law serves both as a punishment and a deterrent.

Enforcement of this section requires thorough investigations by law enforcement agencies. These investigations focus on proving the intent of the accused and the extent of the harm caused. Medical examinations and testimonies play a crucial role in establishing the severity of the injuries and ensuring that justice is served.

The Impact on Victims

The impact of acid attacks on victims is devastating and multifaceted. Beyond the physical injuries, victims often face emotional and psychological trauma. Section 124(1) BNS recognizes the severity of these crimes and aims to provide justice by imposing stringent penalties. The provision for fines to cover medical expenses ensures that victims receive necessary financial support for their treatment and recovery.

Victims of acid attacks may require extensive medical care, including surgeries and rehabilitative treatments. The law’s focus on just and reasonable fines underscores the importance of addressing these financial burdens, helping victims access the care they need to recover from their injuries.

Section 124(1) BNS, or BNS 124(1), represents a critical component of legal measures designed to address the severe issue of acid attacks. By defining the offenses clearly and imposing harsh penalties, the law seeks to protect individuals from extreme harm and ensure that perpetrators face appropriate consequences. The law’s comprehensive approach, including the provision for victim compensation through fines, highlights its commitment to justice and support for those affected by these heinous crimes. Understanding Section 124(1) BNS is essential for recognizing the serious nature of acid-related offenses and the steps taken to ensure safety and accountability in society.

What is Section 124(2) BNS (BNS 124(2))?

Section 124(2) BNS, also known as BNS 124(2), addresses a serious issue in legal statutes: the crime of throwing or attempting to throw acid with the intent to cause harm. This section outlines the penalties for such actions and defines what constitutes acid-related offenses under the law.

Section 124(2) BNS is a legal provision that deals with offenses involving the use of acid or corrosive substances against individuals. The section specifies that anyone who throws acid at someone, attempts to administer acid, or uses any other means with the intention to cause severe damage, deformity, burns, or disability can be punished under this law. The penalties for such actions are severe and intended to reflect the gravity of the harm caused.

Under Section 124(2) BNS, the punishment for these offenses includes imprisonment for a term that cannot be less than five years but may extend up to seven years. In addition to imprisonment, offenders are also liable to face fines. This dual approach of imprisonment and fines aims to deter potential offenders and ensure justice for victims.

Definitions and Scope of “Acid” Under BNS 124(2)

The term “acid” in Section 124(2) BNS is defined broadly. It includes any substance that has acidic, corrosive, or burning properties capable of causing physical harm. This definition covers a wide range of substances that can lead to injuries, including those resulting in scars, disfigurement, or even temporary or permanent disabilities. The law is designed to be comprehensive, ensuring that any harmful substance with the potential to cause serious injuries is covered under this section.

Explanation of Damage and Deformity

Section 124(2) BNS also provides explanations regarding the type of damage or deformity required for the offense. Importantly, it specifies that the harm need not be irreversible to fall under this section. This means that even if the damage or deformity is not permanent but still significant, it is covered by this law. The focus is on the severity of the harm and the intent behind the act, rather than the permanence of the damage.

This aspect of Section 124(2) BNS ensures that the law is flexible enough to address various scenarios of acid-related offenses. Whether the injuries are temporary or permanent, as long as they meet the criteria of causing grievous hurt or significant deformity, the perpetrators can be prosecuted under this section.

Legal Implications and Enforcement

The legal implications of Section 124(2) BNS are significant. The law is designed to protect individuals from the severe and often life-altering effects of acid attacks. By imposing strict penalties, including substantial prison terms and fines, the legal system aims to act as a deterrent against such crimes.

Enforcement of this section requires a thorough investigation into each case. Law enforcement agencies must gather evidence to prove the intent of the accused and the extent of the harm caused. This often involves medical examinations and witness testimonies to establish the severity of the injuries and the culpability of the accused.

The Impact on Victims

The impact of acid attacks on victims can be devastating. Beyond the physical injuries, victims often suffer from emotional and psychological trauma. The legal framework provided by Section 124(2) BNS is crucial in addressing these issues and providing justice. The law’s stringent penalties are meant to reflect the serious nature of such crimes and to offer a sense of justice and closure for the victims.

Victims of acid attacks may also require extensive medical treatment and support to cope with their injuries. The law’s provisions ensure that those who commit these heinous acts are held accountable, which is an important step towards supporting victims and preventing future incidents.

Section 124(2) BNS, or BNS 124(2), plays a crucial role in addressing the crime of acid attacks. By defining the offense, outlining severe penalties, and providing clear explanations of what constitutes acid and the harm required, the law aims to protect individuals and deliver justice. Understanding this legal provision is essential for recognizing the severity of acid-related offenses and the importance of legal measures in combating such crimes. As society continues to address and combat these serious issues, Section 124(2) BNS remains a key component in ensuring safety and justice for all.