IPC 324 in the new BNS 2023

If you have been named in an FIR or notice under this section, the section number alone does not decide the outcome — the facts, the evidence and the procedure do. Many cases turn on procedural lapses, bail strategy and the exact ingredients of the offence.

This section covers hurt caused by a dangerous weapon or means. The presence of the weapon, not the severity of the wound, is what separates it from ordinary hurt. Under the BNS the provision moved to Section 118(1).

What the section requires

For the offence to be made out, these ingredients have to be established:

• the accused voluntarily caused hurt
• the hurt was caused by an instrument for shooting, stabbing or cutting, or by fire, a heated substance, poison, a corrosive substance, an explosive, or an animal
• the injury amounts to hurt rather than grievous hurt, which is dealt with separately

What changed from the IPC

The structure was tidied rather than rewritten. Hurt by dangerous weapons now sits at BNS 118(1) and grievous hurt by dangerous weapons, previously IPC 326, sits alongside it at BNS 118(2). Grouping the two in a single section makes the relationship between them clearer than the IPC's arrangement did, where they were separated by intervening provisions.

How this section is distinguished from related offences

Two questions decide which section applies. First, was a dangerous weapon or means involved at all: if not, the offence falls back to simple hurt under BNS 115. Second, was the resulting injury grievous as defined by statute: if it was, the offence moves up to BNS 118(2), which carries substantially heavier punishment. What counts as a dangerous weapon is not a fixed list, and courts look at how the object was actually used rather than what it was designed for, so an everyday object used in a manner likely to cause death or serious injury can fall within the section.

How the case proceeds

The weapon and its recovery are usually central, together with the medical evidence describing whether the injuries are consistent with the weapon alleged. Because the section covers a wide band of seriousness, the injury report often determines whether the case proceeds under 118(1) or the heavier 118(2).

Evidence that usually decides these cases

Two documents dominate: the injury report describing the wounds and whether they are consistent with the weapon alleged, and the seizure memo recording the recovery of that weapon. Where the two do not match, for example where the wounds suggest a blunt object but a sharp weapon was seized, the discrepancy is a standard line of cross-examination. The opinion of the examining doctor on whether the injuries are simple or grievous determines which sub-section applies.

How courts approach sentencing

Hurt by dangerous weapons carries up to three years along with a fine. The grievous form under BNS 118(2) is markedly more serious, which is why the classification of the injury drives the outcome more than any other single factor. Courts weigh whether the weapon was carried to the scene or picked up during a spontaneous quarrel, since premeditation aggravates the offence.

Defences that commonly apply

Private defence applies here as it does to simple hurt, and it is often stronger where the complainant was armed. Whether the object used qualifies as a dangerous weapon or means is itself contestable, since the test looks at the manner of use rather than the nature of the object. If the object does not meet that threshold, the offence falls back to simple hurt under BNS 115 with a materially lower maximum sentence.

How a case under this section typically progresses

The sequence usually runs from complaint to medical examination to seizure of the weapon. The examining doctor's classification of the injuries as simple or grievous determines whether the case proceeds under BNS 118(1) or the substantially more serious 118(2), and that classification is often settled early. Where it is disputed, the defence may seek the opinion of a medical board. The case is tried by a magistrate where it remains under 118(1), and the availability of compounding depends on the sub-section and the facts.

Documents worth gathering early

Secure the injury report and all medical records, and photograph the injuries at the earliest opportunity, since their appearance changes within days and the classification as simple or grievous can turn on the initial description. Obtain a copy of the seizure memo for any weapon recovered, and note whether the article seized matches the one described in the complaint. Where the incident arose from a confrontation, evidence of injuries sustained by the accused supports a private defence plea. Independent witnesses and CCTV footage from the location should be identified quickly.

Note on bail and cognizability. Whether an offence is cognizable, and whether it is bailable, is set by the First Schedule to the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, not by the BNS section itself. Because that classification decides whether police can arrest without a warrant and how bail is approached, check it for your specific section with an advocate rather than relying on a general summary.

If you have been named under this section

Whether the object used qualifies as a dangerous weapon or means is frequently contested, and it is a question of fact rather than a foregone conclusion. So is whether the injury is simple or grievous, which decides the sub-section. Both turn on documentary evidence that exists early in the case, which is why obtaining the injury report and the seizure memo matters at the outset.

Common misunderstandings

"Only a knife or firearm counts as a dangerous weapon."
The section also covers fire, heated substances, poison, corrosive substances, explosives and animals. Courts look at how an object was used rather than its ordinary purpose.

"Any weapon injury is automatically grievous hurt."
Grievous hurt is defined by a statutory list. If the injury is not on that list and does not endanger life, the offence stays under BNS 118(1).

"IPC 326 has disappeared."
It has moved. Grievous hurt by dangerous weapons is now BNS 118(2), grouped with simple hurt by dangerous weapons at 118(1).

Related BNS sections

• BNS 118 — Hurt by dangerous weapons or means
• BNS 115 — Voluntarily causing hurt (IPC 323)
• BNS 117 — Grievous hurt (IPC 325)

Which code applies to your case

The Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code 1860 with effect from 1 July 2024, and the change is not retrospective. The date the offence is alleged to have been committed decides which code governs it. An offence alleged to have occurred on or after 1 July 2024 proceeds under the BNS. An offence alleged to have occurred before that date continues to be investigated, tried, appealed and punished under the IPC, even where the FIR was registered later. Cases from the transition period frequently cite both numbering systems, which is why the old section number remains worth knowing.

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General information for understanding the IPC→BNS change, not legal advice. The BNS restructured many offences — confirm the exact section, sub-section and punishment with a licensed advocate.