Section 124 BNS: Voluntarily Causing Grievous Hurt by Use of Acid, etc.

Section 124 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with acid attacks and specified attempts to cause acid-related injury. It covers permanent or partial damage, deformity, burns, maiming, disfigurement, disability, grievous hurt and a permanent vegetative state caused with the intention or knowledge required by the section.

Current law: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions, except Section 106(2), came into force on 1 July 2024.

Section 124(1): Acid Attack Causing Injury or Grievous Hurt

Section 124(1) applies where a person causes permanent or partial damage or deformity, burns, maiming, disfigurement or disability to any part of another person's body, causes grievous hurt by throwing or administering acid or by another means, or causes a permanent vegetative state, while acting with the intention of causing such injury or hurt or with knowledge that such injury or hurt is likely.

The punishment is imprisonment of either description for a term of not less than 10 years, which may extend to imprisonment for life, together with fine.

Fine Must Address the Victim's Medical Expenses

Victim-focused requirement: The fine imposed under Section 124(1) must be just and reasonable to meet the medical expenses of the victim's treatment, and the fine imposed under that sub-section must be paid to the victim.

Section 124(2): Throwing or Attempting to Throw Acid

Section 124(2) covers throwing or attempting to throw acid on a person, attempting to administer acid, or attempting to use another means, where the intention is to cause permanent or partial damage, deformity, burns, maiming, disfigurement, disability or grievous hurt.

The punishment is imprisonment of either description for not less than 5 years and up to 7 years, together with fine.

Meaning of "Acid" under Section 124

Explanation 1 to Section 124 gives "acid" a broad statutory meaning. It includes any substance having an acidic or corrosive character or a burning nature that is capable of causing bodily injury leading to scars, disfigurement, or temporary or permanent disability.

Damage or Deformity Need Not Be Irreversible

Explanation 2 makes clear that permanent or partial damage or deformity, or a permanent vegetative state, need not be irreversible for Section 124 to apply.

Essential Ingredients of Section 124 BNS

Depending on whether sub-section (1) or sub-section (2) is invoked, the prosecution must establish the applicable statutory ingredients, including:

use, administration, throwing, attempted throwing or attempted administration of acid, or use or attempted use of another means covered by the section;
the specified injury, grievous hurt or permanent vegetative state under Section 124(1), where that sub-section is charged;
the intention to cause the specified injury or hurt, or the statutory knowledge required under Section 124(1);
for Section 124(2), an attempt accompanied by the intention to cause the types of injury expressly listed in that sub-section; and
a substance falling within the statutory definition of acid where the allegation concerns acid.

Meaning of Grievous Hurt under the BNS

Section 116 BNS - Grievous Hurt

Section 116 specifies the categories of hurt that are legally designated as grievous hurt. These include emasculation; permanent loss of sight or hearing; loss or permanent impairment of a member or joint; permanent disfigurement of the head or face; fracture or dislocation of a bone or tooth; and hurt that endangers life or causes severe bodily pain, or inability to follow ordinary pursuits, for fifteen days.

Punishment under Section 124 BNS

Section 124(1)	Imprisonment of not less than 10 years, which may extend to imprisonment for life, and fine.
Fine under Section 124(1)	Must be just and reasonable to meet the medical expenses of the victim's treatment and must be paid to the victim.
Section 124(2)	Imprisonment of not less than 5 years and up to 7 years, and fine.

Related BNS Provisions

Official Legal Sources

For the authoritative statutory text and commencement notification, refer to the official Government sources below.

India Code - Bharatiya Nyaya Sanhita, 2023 Ministry of Home Affairs - New Criminal Laws MHA - BNS Commencement Notification

This page provides general legal information. The application of Section 124 depends on the allegations, evidence, procedural law and judicial interpretation relevant to the particular case.