Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act
Section 119 of the Bharatiya Nyaya Sanhita, 2023 deals with voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act. Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the comm The Act came into force on 01 Jul 2024.
(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 119, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 327 Voluntarily causing hurt to extort property, or to constrain to an illegal to an act Text carried over almost unchanged 93%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Voluntarily causing hurt to extort property, or to constrain to an illegal act. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Voluntarily causing grievous hurt for any purpose referred to in sub-10 section (1). | Imprisonment for life, or imprisonment for years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bhagwan Sahai vs State of Rajasthan
Decided under Indian Penal Code 327, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the prosecution suppresses the genesis and origin of a criminal occurrence and fails to explain serious injuries sustained by the accused side including the death of the accused's family member, the court must draw an adverse inference against the prosecution and grant benefit of doubt to the accused. The doctrine of free fight cannot be mechanically applied to deny acquittal when the prosecution has withheld crucial facts forming the foundation of the case. An accused has the legitimate right to use force in defence of person when defending parents being assaulted, and such defence cannot be negated merely by characterizing the incident as a free fight between both parties.
On this section: Causing hurt by means of poison, etc. - mentioned in prosecution charges but not separately discussed in judgment
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Aftab S/o Shri Abdul Kalam vs State of Rajasthan
Decided under Indian Penal Code 329, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused is charged with serious offences like attempted murder but the actual injury caused is simple in nature, and the investigation has been completed with challan filed, bail may be granted by the High Court under Section 439 CrPC, particularly when the accused has already undergone substantial custody, provided the trial court is satisfied with bail conditions.
On this section: Causing hurt by act endangering life or personal safety; alternative charge considered in the FIR
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 119
What have the courts held on Section 119 of the Bharatiya Nyaya Sanhita?
Bhagwan Sahai vs State of Rajasthan (03 Jun 2016) is the leading judgment on this section among those set out below, though it was decided under IPC 327, which this section replaced -- the court never mentioned this Act: Causing hurt by means of poison, etc. - mentioned in prosecution charges but not separately discussed in judgment. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2016 to 2019.
Is Section 119 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 119 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 119 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 119, section 119 BNS, section 119 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 119 2 and bns 119 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Bhagwan Sahai vs State of Rajasthan (03 Jun 2016).
What should I read with Section 119 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 327 (Voluntarily causing hurt to extort property, or to constrain to an illegal to an act), so the judgments decided under that provision are the case law on this one.
When did Section 119 of the Bharatiya Nyaya Sanhita come into force?
Section 119 of the Bharatiya Nyaya Sanhita, cited as BNS 119, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.