Grievous Hurt Bail Under Section 117 BNS (Formerly 325 and 326 IPC)

Arrested under 325/326 IPC or Section 117 BNS for grievous hurt? Learn if bail is possible, which court to approach, and what judges consider.

Grievous Hurt Bail Under Section 117 BNS (Formerly 325 and 326 IPC)

Grievous hurt under Section 117 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — which replaced Sections 325 and 326 of the Indian Penal Code (IPC) after July 2024 — is a non-bailable offense. Bail is not a right the accused can claim at the police station; it must be applied for before a court.

Is Grievous Hurt a Bailable or Non-Bailable Offense?

Grievous hurt is a non-bailable offense. The accused cannot walk out on bail simply by furnishing a surety at the police station. A magistrate court or sessions court must formally grant bail after hearing the application.

Which Court Do You Approach for Bail?

A bail application for grievous hurt is typically filed before the jurisdictional magistrate court. If bail is refused there, an application can be moved before the sessions court under Section 483 BNSS (formerly Section 439 CrPC). A lawyer will advise which court is the right starting point based on the specific facts of the case.

What Does the Judge Consider?

When deciding whether to grant bail in a grievous hurt case, the court typically weighs:

• Severity of the injury and the evidence on record
• Nature of the weapon or means used — this is especially relevant when a dangerous weapon is alleged (confirm the applicable provision with your lawyer)
• Whether the accused is a flight risk
• Risk of tampering with evidence or witnesses
• The accused’s prior criminal record, if any
• Personal circumstances — employment, family ties, roots in the community

None of these factors is conclusive on its own. A well-argued bail application addresses all of them.

What Is the Difference Between 325 IPC and 326 IPC / Section 117 BNS?

Under the old IPC, Section 325 covered voluntarily causing grievous hurt, while Section 326 covered the same act when done with a dangerous weapon or means. Both have been consolidated and carried forward under Section 117 of the BNSS, but the distinction between the basic offense and the aggravated (weapon-related) form still exists within that section. The specific sub-provision that applies in your case affects the seriousness with which courts treat the bail application — your lawyer can assess this.

How Quickly Should You Act?

Immediately. Every day without a bail application is a day the accused spends in custody as an undertrial. Courts also consider the period already spent in custody when deciding bail. Do not wait.

Need a vetted lawyer for a grievous hurt bail matter? Rihaai connects families to experienced criminal lawyers — reach out through Rihaai today.