IPC 326 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 is the aggravated form of grievous hurt, applying where the injury was inflicted with a dangerous weapon or by dangerous means. Under the BNS it sits at Section 118(2), and unlike most of the hurt provisions it did change: the BNS added a mandatory minimum sentence where the IPC had none.

What the section requires

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

• the accused voluntarily caused grievous hurt
• the hurt was caused by means of a specified dangerous instrument or means
• the instrument or means falls within the section, which covers shooting, stabbing or cutting instruments, anything likely to cause death when used as a weapon of offence, fire or a heated substance, poison or corrosive substances, explosives, substances deleterious to inhale or swallow, or an animal

What changed from the IPC

The BNS introduced a floor. Under IPC 326 the punishment was imprisonment for life, or imprisonment of either description for a term which could extend to ten years, together with a fine, with no minimum — a court could impose a short term. Under BNS 118(2) the punishment is imprisonment for life, or imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, together with a fine. There is a further structural change: BNS 118 consolidates what the IPC dealt with in Sections 324 and 326, placing hurt by dangerous weapons at 118(1) and grievous hurt by dangerous weapons at 118(2).

How this section is distinguished from related offences

Two questions separate this section from its neighbours. The first is whether the hurt is grievous, judged against the statutory list at BNS 116; if it is not, the offence falls under 118(1), which deals with simple hurt by dangerous weapons and carries a much lower maximum. The second is whether the instrument or means used falls within the section. Where grievous hurt was caused without a dangerous weapon, the offence is BNS 117(2), carrying seven years and no minimum. Where acid was used, the specific and far more serious provision at BNS 124 applies, carrying a minimum of ten years extending to life. Where the intention was to cause death, the charge moves to attempt to murder under BNS 109.

How the case proceeds

The offence is cognizable and non-bailable and is tried by a Court of Session, which distinguishes it procedurally from ordinary grievous hurt. The mandatory minimum of one year means the court cannot impose a purely nominal sentence on conviction. Investigation centres on recovery of the weapon and on the medical evidence establishing both that the hurt was grievous and that it was caused by the means alleged.

Evidence that usually decides these cases

Two strands have to be established and each is contested separately. The medical evidence must show that the hurt is grievous within the statutory definition, and the medico-legal certificate together with imaging and treatment records is what establishes it. Separately, the prosecution must connect the injury to a dangerous weapon or means, and this rests on recovery of the weapon, the seizure memo and panchnama, forensic examination, and crucially the doctor's opinion on whether the injuries are consistent with the weapon produced. Where the injuries described are inconsistent with the weapon alleged, that discrepancy is the most productive line of defence. Recovery at the instance of the accused is scrutinised in the same way as in property offences, and defects in how it was recorded are a common ground of acquittal.

How courts approach sentencing

Imprisonment for life, or imprisonment of either description for a term of not less than one year which may extend to ten years, together with a fine. The one-year floor is mandatory. Sentencing within the range reflects the nature of the weapon, the permanence of the injury, whether the attack was premeditated and whether the accused took undue advantage.

Defences that commonly apply

The most common objective is reduction rather than acquittal. Establishing through the medical evidence that the injury is not grievous moves the case to 118(1); establishing that no dangerous weapon or means within the section was used moves it to 117(2), which carries no minimum and is tried by a magistrate. Inconsistency between the injuries recorded and the weapon alleged is the most effective route to either. Private defence is available where the accused responded to a reasonable apprehension of harm, subject to proportionality. Absence of the voluntary element applies where neither the intention to cause grievous hurt nor the knowledge that it was likely can be established.

How a case under this section typically progresses

The case begins with an FIR and a medical examination, followed by investigation directed at recovery of the weapon and forensic examination. A charge sheet follows and the matter is committed to a Court of Session. Because the offence is non-bailable and carries a substantial maximum, bail is contested early and often through successive applications. The framing of charges is the critical stage, since whether the case proceeds under 118(2), 118(1) or 117(2) is frequently argued there and materially changes both the court and the exposure.

Documents worth gathering early

Obtain the complete medical record — medico-legal certificate, wound certificate, imaging, operation notes and treatment records — since both the grievous classification and the consistency of the injuries with the alleged weapon depend on it. Secure the seizure memo, recovery panchnama and forensic report relating to the weapon, and read them against the medical opinion, because inconsistency between the two is the strongest available challenge. Photographs of the injuries taken close to the incident are valuable. Request CCTV from the location in writing immediately. Where injuries exist on both sides, obtain both sets of records, since the pattern establishes who was the aggressor and supports or defeats a plea of private defence.

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

Two issues determine the shape of the case, and both are answered by evidence rather than argument. The first is whether the injury is grievous on the statutory list, since if it is not the charge falls to the far lighter 118(1). The second is whether the instrument used falls within the section — an ordinary object used in a scuffle is not automatically a dangerous weapon, and whether it is likely to cause death when used as a weapon of offence is a question the medical and forensic evidence speaks to. Because the offence is tried by a Court of Session and carries a minimum, it should not be approached as an ordinary assault case.

Common misunderstandings

"There is no minimum sentence."
Under BNS 118(2) there is a mandatory minimum of one year. IPC 326 had no floor, so a shorter sentence was legally possible before 1 July 2024.

"Any object used in a fight is a dangerous weapon."
The section specifies categories: shooting, stabbing or cutting instruments, anything likely to cause death when used as a weapon of offence, fire or heated substances, poison, corrosives, explosives, deleterious substances and animals. Whether an object qualifies is a question of evidence.

"Acid attacks fall under this section."
They fall under BNS 124, a specific provision carrying a minimum of ten years extending to life, which is far more serious than 118(2).

"It is tried by a magistrate like other hurt cases."
It is tried by a Court of Session, unlike grievous hurt under Section 117(2).

Related BNS sections

• BNS 118 — Voluntarily causing hurt or grievous hurt by dangerous weapons or means
• BNS 117 — Voluntarily causing grievous hurt (IPC 325)
• BNS 124 — Grievous hurt by acid (IPC 326A)
• BNS 109 — Attempt to murder (IPC 307)

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.