Falsely Accused Under Section 117 BNS? Legal Defense & Process

Section 117 of Bharatiya Nyaya Sanhita (BNS) is the principal provision on voluntarily causing grievous hurt. If you are falsely accused under Section 117 BNS, your liberty, reputation, and career are immediately at stake. This guide explains the Section 117 BNS legal process, the evidence that matters, bailability under Section 117, common defense strategies, and how to protect your rights from the very first day.

What Section 117 BNS Covers

Section 117 BNS criminalizes acts where a person intentionally causes, or knows that their act is likely to cause, grievous hurt, and such grievous hurt actually occurs. Grievous hurt includes permanent disfigurement, loss of sight or limb, fracture, or serious bodily pain that leaves the victim debilitated for a sustained period. The prosecution must prove two elements: a grievous outcome, and the accused's intent or knowledge.

Why False Accusations Under Section 117 BNS Happen

False allegations can arise from personal disputes, workplace conflicts, property quarrels, road rage incidents, or group altercations. Because Section 117 BNS is cognizable and often non-bailable in aggravated forms, swift arrests and strict bail scrutiny are common, which makes early legal action essential.

Immediate Steps If You Are Falsely Accused Under Section 117 BNS

• Do not make statements to police or the complainant without legal advice.
• Preserve evidence that supports your defense: medical records, location data, CCTV clips, call logs, chats, emails, and photographs.
• Identify neutral witnesses quickly: colleagues, bystanders, security staff, neighbors.
• Document prior disputes or motives for false implication.
• Engage a criminal defense lawyer with Section 117 BNS experience to plan bail and evidence strategy.

Section 117 BNS Legal Process: From FIR to Trial

FIR and Investigation: Police register an FIR, collect medical and documentary evidence, record statements, and may arrest without warrant since Section 117 BNS is cognizable.

Medical Evidence: MLCs, radiology reports, and disability assessments are central to proving "grievous hurt." Your lawyer should seek independent evaluation if reports are inconsistent.

Chargesheet and Cognizance: After investigation, a chargesheet may be filed. The magistrate or sessions court takes cognizance depending on the gravity alleged under Section 117 BNS.

Bail Stage: For ordinary cases, bail may be sought before a magistrate. For aggravated cases, seek bail before the sessions court. Bail arguments focus on lack of intent, weak causation, inconsistencies, cooperation, and low flight risk.

Trial: The prosecution leads medical experts and eyewitnesses. The defense cross-examines on causation, timing, injury classification, and credibility, and may lead defense evidence where necessary.

Bailable vs Non-Bailable Under Section 117 BNS

Ordinary cases (Section 117(2)): Generally bailable, imprisonment may extend up to seven years and fine.

Aggravated cases (Section 117(3) and 117(4)): Permanent disability, vegetative state, or group assaults based on discrimination are typically non-bailable and tried by the Court of Session. Sentences include rigorous imprisonment of at least ten years, up to life, along with fine.

Key Evidence That Wins Section 117 BNS Defense

• Timeline evidence that breaks the alleged chain of causation: entry logs, toll data, GPS, phone location.
• Medical contradictions: reports showing simple hurt, delayed MLC, incompatible injury pattern, prior ailments.
• CCTV and digital records: footage of the incident, surrounding minutes, and alternative angles.
• Witness credibility gaps: contradictions, bias, or absence of crucial independent witnesses.
• Compliance with safety protocols or lawful self-defense indicators where relevant.

Common Defense Strategies in Section 117 BNS Cases

• Disputing grievous hurt classification: Show that injuries do not meet the statutory threshold.
• Negating intent or knowledge: Establish accidental or unintended outcomes, or absence of foreseeability.
• Challenging causation: Prove that injuries were pre-existing, self-inflicted, or caused by a third party.
• Highlighting delay and motive: Late FIRs without explanation, prior enmity, property or business rivalry.
• Procedural lapses: Improper seizure, missing chain of custody, unsigned statements, or investigative bias.

Mistakes to Avoid If Booked Under Section 117 BNS

• Contacting the complainant or witnesses directly.
• Deleting messages or discarding devices, which may be construed as tampering.
• Ignoring court dates or conditions attached to interim protection or bail.
• Posting about the case on social media.

Penalties and Sentencing Under Section 117 BNS

Section 117(2): Up to seven years and fine.

Section 117(3) and 117(4): Minimum ten years, up to life imprisonment, and fine, particularly for permanent disability, vegetative state, or group discrimination-based assaults.

How Vakeel Saab Helps With Section 117 BNS False Accusations

If you or a family member is facing a false case under Section 117 of Bharatiya Nyaya Sanhita, you need a rapid and precise plan: bail strategy, evidence mapping, medical review, and witness management. The criminal defense team at Vakeel Saab handles Section 117 BNS bail, quashing, discharge, and trial defense, and builds fact-driven strategies that protect your liberty.

Call +91 72848 72848 or visit www.vakeelsaab.com for a confidential consultation and tailored Section 117 BNS legal defense.

Frequently Asked Questions

1. What is Section 117 BNS and how is grievous hurt defined?
Section 117 BNS penalizes voluntarily causing grievous hurt, including permanent disfigurement, fracture, loss of limb or sight, or prolonged debility proved through medical evidence.

2. Is Section 117 BNS bailable or non-bailable?
Ordinary cases under Section 117(2) are generally bailable. Aggravated cases under Section 117(3) and Section 117(4) are typically non-bailable and tried by the Court of Session.

3. What is the punishment under Section 117 BNS?
Up to seven years and fine for ordinary cases; minimum ten years to life for aggravated cases, along with fine.

4. What should I do first if I am falsely accused under Section 117 BNS?
Engage a criminal lawyer, preserve digital and documentary evidence, list neutral witnesses, and avoid any direct contact with the complainant.

5. What defenses work best in Section 117 BNS cases?
Challenging grievous hurt classification, negating intent or knowledge, breaking causation, and highlighting delays, bias, or procedural lapses.

6. How important is medical evidence in a Section 117 BNS trial?
Critical—radiology, disability assessments, and contemporaneous MLCs often make or break the charge of grievous hurt.

7. Can I seek quashing or discharge in a Section 117 BNS false case?
Yes, where allegations do not disclose grievous hurt or mens rea, or where material contradictions exist on the face of the record.

8. Does Section 117 BNS allow arrest without warrant?
Yes, Section 117 BNS is cognizable; police may arrest without warrant and start investigation immediately.

9. Is bail possible in aggravated Section 117 BNS matters?
Yes, but it is discretionary. Strong arguments on weak causation, absence of intent, cooperation, and clean antecedents are vital.

10. How does Vakeel Saab approach Section 117 BNS defense?
Focused bail strategy, early evidence preservation, medical review by experts, targeted cross-examination, and consistent compliance with court directions.

SEO Tags: Section 117 BNS, Section 117 Bharatiya Nyaya Sanhita, Section 117 BNS grievous hurt, Section 117 BNS bailable, Section 117 BNS non bailable, Section 117 BNS punishment, Section 117 BNS bail, Section 117 BNS defense, Section 117 BNS FIR, Section 117 BNS chargesheet, Section 117 BNS legal process, voluntarily causing grievous hurt BNS, best criminal lawyer for Section 117 BNS, Vakeel Saab Section 117 BNS