Is Section 118(1) BNS 2023 ? Key Insights
In the evolving landscape of Indian criminal law, the has replaced the , introducing nuanced changes to offences and procedures. One common query from legal practitioners, accused persons, and victims alike is: is ? This question arises frequently in cases involving hurt by dangerous weapons, as parties seek to settle disputes amicably.
This blog post delves into the compoundability of Section 118(1) BNS, drawing from judicial precedents and legal analyses. Note: This is general information based on available sources and not specific legal advice. Consult a qualified lawyer for case-specific guidance.
Understanding
Section 118(1) of the Bharatiya Nyaya Sanhita, 2023, corresponds to . It addresses or means. This offence typically involves injuries inflicted using instruments like knives, sticks, or other objects capable of causing serious harm, but without intending death or as defined under higher sections.
For instance, in medical reports leading to charges, this section is invoked when injuries are not grievous but caused by prohibited means. 2025 Supreme(Online)(HP) 8337 On the basis of medical report, Section 118(1) of the BNS was added, in this case.
The severity of such offences makes their classification crucial, especially regarding whether they can be compounded—meaning settled between parties without full trial.
What Does '' Mean in Indian Law?
Under the , which replaces the , offences (listed in ) allow the complainant and accused to reach a mutual settlement, leading to case withdrawal. Non- offences, however, require court permission and are treated as crimes against society, not just individuals.
- with permission: Possible in specific scenarios.
- : Prosecution proceeds regardless of settlement, barring exceptional judicial relief.
General Rule: Section 118(1) BNS is
Judicial interpretations consistently hold that Section 118(1) BNS is by default. Courts emphasize its public nature, protecting societal interests against violence.
- In one ruling: It is submitted that since the offences alleged under sections 126(2), 352, 115(2), 118(1), 109(1), 3(5) of The ... not in nature. 2025 Supreme(Online)(Kar) 15413
- Another case states: While the offence under Section 118(1) BNS is , the offences under Sections 332(c), 351(2) and 115(2) BNS are in certain cases. 2025 Supreme(Online)(Del) 8486
- Similarly: In the present case, though the offences under sections 296, 3(5) & 118(1) of BNS are ... 2025 Supreme(Online)(MP) 4341
These precedents underscore that Section 118(1), akin to IPC 324, is typically to deter weapon-based assaults.
Exceptions: When Can It Be Compounded?
Despite the general rule, courts may permit compounding under exceptional circumstances, particularly with mutual settlements, especially if accompanied by co-offences or via .
Key scenarios include:- Mutual compromise with court approval: Parties file joint applications, and courts exercise discretion if no public interest is gravely affected.- Quashing FIRs under BNSS Section 528: Possible if settlement prevails and offence isn't heinous.
Examples from case law:- The offences punishable under Section 126(2) and 115(2) are under Section 359 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. While noting 118(1)'s status, courts weighed settlements. 2025 Supreme(Online)(HP) 8513- In a quashing petition: The present petition has been filed under for quashing of FIR No.119 dated under Sections 118(1), 115(2), 3(5) of BNS... on the basis of compromise dated . 2025 Supreme(Online)(P&H) 6921- Post-: Although, on the basis of good sense... the offences have been compounded before the on , however, offences... 2025 Supreme(Online)(HP) 8337- Another: offences under section 115 (2) & 351 (2) of BNS, are with the permission of the court, however, in view of the compromise entered... 2025 Supreme(Online)(MP) 4341
These illustrate that while inherently , judicial discretion allows compounding for Section 118(1) in less severe cases with consent.
Distinction with
Contrastingly, (corresponding to ) involves by dangerous weapons, which is strictly . Courts refuse quashing: Since, serious offences viz. attempt to commit murder punishable under Section 109(1) of BNS and voluntarily causing punishable un.... 2024 Supreme(Online)(KER) 32523
This differentiation is vital—118(1) offers more flexibility than 118(2).
BNS 2023 vs. IPC: Continuity and Changes
Section 118(1) mirrors IPC 324, retaining status under BNSS schedules. However, BNSS expands compounding options for certain hurts, indirectly influencing 118(1) via associated sections like 115(2) (simple hurt). Courts reference precedents like for quashing non-compoundables on settlement.
Practical Implications for Accused and Complainants
If facing charges under Section 118(1) BNS:1. Seek early settlement: File compromise affidavits.2. Approach : For mediated resolutions.3. Petition for quashing: Under BNSS 528, citing no criminal intent.4. Bail considerations: Often granted if co-accused settle. 2025 Supreme(Online)(Kar) 22242
Youth or first-time offenders may receive leniency: This Court has also kept in view the fact that the petitioners/accused Nos.1 to 3 are young college-going students. 2025 Supreme(Online)(Kar) 22242
Conclusion and Key Takeaways
is generally , reflecting its seriousness as a public offence. However, exceptions exist through court permission, mutual compromises, or settlements, particularly when facts indicate minor harm or reconciliation.
Key Takeaways:- Default Status: 2025 Supreme(Online)(Kar) 15413 2025 Supreme(Online)(Del) 8486.- Exceptions: Possible with judicial nod 2025 Supreme(Online)(MP) 4341 2025 Supreme(Online)(P&H) 6921.- Case-Specific: Depends on injury nature, parties' consent, and discretion.- Seek Professional Help: Always consult a lawyer; outcomes vary.
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References:- 2025 Supreme(Online)(Kar) 15413 2025 Supreme(Online)(HP) 8513 2025 Supreme(Online)(Del) 8486 2025 Supreme(Online)(Kar) 22242 2024 Supreme(Online)(KER) 32523 2025 Supreme(Online)(MP) 4341 2025 Supreme(Online)(P&H) 6920 2025 Supreme(Online)(P&H) 6921 2025 Supreme(Online)(HP) 8337
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