BNS Section 115: Voluntarily Causing Hurt (Old IPC 323) Explained

Read this in Hindi: हिंदी में पढ़ें

The old IPC Section 323 (punishment for voluntarily causing hurt) is now Section 115(2) of the Bharatiya Nyaya Sanhita, 2023, while the definition that used to sit in IPC 321 is now Section 115(1). The prison term is the same (up to one year), but the maximum fine has gone up from one thousand rupees to ten thousand rupees. The offence is non-cognizable, bailable, compoundable by the injured person and triable by any Magistrate.

The mapping in one line

Under the IPC, three sections worked together: Section 319 defined “hurt”, Section 321 defined “voluntarily causing hurt”, and Section 323 punished it. In the BNS, Section 114 defines hurt, and Section 115 handles both the definition of voluntarily causing hurt (sub-section (1)) and its punishment (sub-section (2)).

What is “hurt”?

Section 114 BNS keeps the old IPC definition: causing bodily pain, disease or infirmity to any person is hurt. Three points follow from this:

• No visible injury is needed. A slap that causes pain is enough.
• Disease or infirmity counts, so deliberately infecting someone or causing a temporary inability of a body part can qualify.
• Mental distress alone, without bodily pain, disease or infirmity, is not hurt under this definition.

When is hurt “voluntary”? Section 115(1)

A person voluntarily causes hurt when he does an act with the intention of causing hurt to someone, or with the knowledge that he is likely to cause hurt, and hurt is actually caused. So there are two mental states that satisfy the section: intention, or knowledge of likelihood. Pure accident is outside it.

Example: X pushes Y during an argument, knowing Y may fall. Y falls and sprains an ankle. X has voluntarily caused hurt, even if he did not specifically want the sprain.

Punishment: Section 115(2)

Whoever voluntarily causes hurt is punishable with imprisonment of either description (simple or rigorous) up to one year, or with fine up to ten thousand rupees, or with both. The provision carves out cases covered by Section 122, which deals with hurt caused on grave and sudden provocation and carries a lighter punishment.

What changed from IPC 323

• Fine raised tenfold: IPC 323 allowed a fine up to one thousand rupees. BNS 115(2) allows up to ten thousand rupees.
• Imprisonment unchanged: still up to one year, either description.
• Structure: the definition and punishment are now in one section with two sub-sections.

Old vs new: classification table

Under Section 359(1) BNSS, an offence under Section 115(2) can be compounded by the person to whom hurt was caused, without needing the court’s permission.

Related sections students mix up

• Grievous hurt: defined in Section 116 BNS (old IPC 320), punished under Section 117(2) (old IPC 325).
• Hurt by dangerous weapons or means: Section 118(1) BNS (old IPC 324). This is cognizable and much more serious than simple hurt.
• Hurt on grave and sudden provocation: Section 122 BNS (old IPC 334 and 335).
• Assault and criminal force without hurt: force, criminal force and assault are defined in Sections 128 to 130 BNS, and Section 131 punishes them (up to three months, or fine up to one thousand rupees, or both). If a slap causes pain, it is hurt; a gesture or a push with no pain may be only assault or criminal force.

Why “non-cognizable” matters in real life

Because simple hurt is non-cognizable, the police cannot register an FIR and investigate on their own. Under Section 174 BNSS (old CrPC 155), the officer enters the substance of the information in a register (commonly called an NCR, non-cognizable report) and refers the informant to the Magistrate. The police can investigate only after a Magistrate’s order.

However, if the same incident also involves a cognizable offence, such as hurt with a weapon under Section 118(1) or criminal trespass with hurt, the whole case is treated as cognizable and an FIR is registered.

If you have been hurt: practical steps

• Get a medical examination at once. A government hospital medico-legal report records the nature of injuries. It also decides whether the case is simple hurt or something more serious.
• Report to the police. Give a written complaint at the police station. If only simple hurt is disclosed, ask for a copy of the NCR entry.
• Approach the Magistrate. You can file a private complaint before the Magistrate, or the Magistrate can order police investigation in a non-cognizable case.
• Preserve evidence. CCTV footage (ask for it quickly, as many systems overwrite within days), photographs, torn clothing and names of witnesses.
• Settlement is lawful. Since the offence is compoundable by the injured person, a genuine settlement can end the case.

Exam angle

• Section 114 defines hurt, 115(1) defines voluntarily causing hurt, 115(2) gives the punishment.
• Maximum fine in 115(2) is Rs 10,000 (up from Rs 1,000 under IPC 323). This is a favourite one-line MCQ.
• Classification: non-cognizable, bailable, any Magistrate, compoundable without court permission by the person hurt.
• Do not confuse 115(2) with 118(1) (dangerous weapons) or 117(2) (grievous hurt).
• The procedure for non-cognizable information is Section 174 BNSS.

Quick quiz

Practise more

Section numbers under the BNS, BNSS and BSA are now asked in every law exam. Our New Criminal Laws Guide maps every IPC, CrPC and Evidence Act section to its new number, and the free AIBE XXII mock tests them under exam timing.

Sources

• Bharatiya Nyaya Sanhita, 2023, Sections 114 to 118 and 122 (official text as published on India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023, First Schedule (classification of offences), Section 174 and Section 359
• Indian Penal Code, 1860, Sections 319, 321 and 323 (for comparison)