Question
During a night raid, a burglar enters a residential
house with the intention of committing theft. Upon confrontation with the homeowner, he causes grievous hurt to the person while attempting to escape. Under which section of the Bharatiya Nyaya Sanhita, 2023 would the act of causing grievous hurt while committing theft be classified?Solution
Section 120 of BNS, 2023 deals with "Voluntarily causing hurt or grievous hurt by dangerous weapons or means". However, the question specifically refers to causing grievous hurt while committing theft in the course of committing another offence. The relevant section is Section 120 which addresses hurt or grievous hurt inflicted during the commission of theft or other offences. Section 121 addresses hurt caused under grave and sudden provocation, Section 116 defines grievous hurt generally, and Section 117 addresses hurt inflicted to extort property, making Section 120 the most precise provision for this scenario.
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