Voluntarily causing hurt or grievous hurt to deter public servant from his duty
What this section does
Penalises voluntarily causing hurt or grievous hurt to a public servant while they are discharging their duty, or with intent to prevent/deter them from doing so, or in consequence of their lawful acts. Sub-section (1) covers simple hurt; sub-section (2) covers grievous hurt with a mandatory minimum sentence.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- S.121(1) – Hurt: imprisonment of either description up to 5 years, or fine, or both. S.121(2) – Grievous hurt: imprisonment of either description not less than 1 year and up to 10 years, and fine (mandatory minimum of 1 year applies).
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- Accused voluntarily caused hurt (s.121(1)) or grievous hurt (s.121(2)) to the victim
- Victim was a public servant discharging their duty at the time, OR the act was done to prevent/deter any public servant from discharging duty, OR it was done in consequence of anything done or attempted in lawful discharge of duty
- The causing of hurt/grievous hurt was voluntary (intentional)
Practitioner note
Sub-section (2) carries a mandatory minimum of one year's imprisonment. The offence covers not only the public servant actually on duty but also acts aimed at deterring any other public servant.
Derived from IPC s.332 and s.333.
Read the official text
For the binding statutory text of BNS Section 121, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 121 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.