BNS Section 115: Voluntarily Causing Hurt – Punishment, Bail, Court, IPC 323 & Legal Procedure
Quick Answer (TL;DR)
| Particular | Details |
|---|---|
| Section | BNS Section 115 of the Bharatiya Nyaya Sanhita, 2023 |
| Offence | Voluntarily Causing Hurt |
| Replaces Old IPC | IPC Section 323 |
| Punishment | Up to 1 year imprisonment, or fine up to ₹10,000, or both |
| Cognizable | No |
| Bailable | Yes |
| Compoundable | Yes (by the person hurt) |
| Triable By | Any Magistrate |
Introduction
BNS Section 115 deals with the offence of voluntarily causing hurt under the Bharatiya Nyaya Sanhita, 2023. The provision applies when a person intentionally causes bodily pain, disease, or infirmity to another person.
The section corresponds to the former IPC Section 323 and continues the legal framework relating to simple hurt under Indian criminal law. While the offence is less serious than grievous hurt, it remains punishable because it involves unlawful physical harm to another individual.
In this article, you will learn what BNS Section 115 covers, its punishment, bail provisions, court jurisdiction, legal procedure, and how it compares with the old IPC Section 323.
What is BNS Section 115?
BNS Section 115 defines voluntarily causing hurt as causing hurt to a person with the intention of causing such hurt or with the knowledge that hurt is likely to be caused.
For liability under this section, the accused must have either intended to cause hurt or known that the act was likely to result in hurt, and the act must actually result in hurt.
The offence covers acts causing bodily pain, disease, or infirmity that do not amount to grievous hurt.
Bare Act Text
Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.
Punishment
Whoever voluntarily causes hurt shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.
In Simple Words
BNS Section 115 punishes a person who intentionally causes physical pain, injury, disease, or infirmity to another person. For example, slapping, punching, kicking, or physically assaulting someone and causing bodily pain may amount to voluntarily causing hurt.
Essential Ingredients of BNS Section 115
For an offence under BNS Section 115 to be established, the prosecution generally has to prove:
- The accused committed an act.
- The act was done intentionally or with knowledge.
- Hurt was actually caused to another person.
- There was a direct connection between the act and the injury.
- The case does not fall within any legal exception.
What is "Hurt"?
Under criminal law, hurt generally means:
- Bodily pain;
- Disease; or
- Infirmity caused to any person.
Even if the injury is not serious, causing physical pain intentionally may attract liability under BNS Section 115.
Punishment Under BNS Section 115
A person convicted under BNS Section 115 may be punished with:
- Imprisonment up to 1 year; or
- Fine up to ₹10,000; or
- Both.
The exact punishment depends upon the facts and circumstances of the case.
Classification of the Offence
| Criteria | Status |
|---|---|
| Cognizable | No |
| Bailable | Yes |
| Compoundable | Yes (by the person hurt) |
| Triable By | Any Magistrate |
Meaning of the Classification
Since the offence is non-cognizable, the police generally follow the procedure prescribed by law before commencing investigation.
The offence is bailable, meaning an accused person may obtain bail in accordance with legal provisions.
The offence is compoundable by the person who suffered the hurt, allowing settlement in legally permissible circumstances.
Cases under BNS Section 115 are triable by any Magistrate.
Bail Under BNS Section 115
BNS Section 115 is a bailable offence.
An accused person may apply for bail and is generally entitled to release on bail subject to compliance with legal requirements and court directions.
The grant of bail does not affect the merits of the case, which are determined during trial.
Which Court Has Jurisdiction?
Offences under BNS Section 115 are triable by any Magistrate.
After the filing of a complaint and completion of legal proceedings, the matter proceeds before the competent Magistrate for trial and adjudication.
Step-by-Step Legal Process
- Filing of complaint.
- Registration of case where legally required.
- Collection of medical and documentary evidence.
- Recording of witness statements.
- Filing of final report or complaint.
- Framing of charges.
- Trial before the Magistrate.
- Examination of witnesses.
- Defence evidence.
- Final arguments.
- Pronouncement of judgment.
- Sentencing upon conviction.
- Appeal before the higher court.
IPC Section 323 vs BNS Section 115
| Aspect | IPC Section 323 | BNS Section 115 |
|---|---|---|
| Law | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Offence | Voluntarily Causing Hurt | Voluntarily Causing Hurt |
| Punishment | Up to 1 year, or fine, or both | Up to 1 year, or fine up to ₹10,000, or both |
| Nature | Simple Hurt | Simple Hurt |
BNS Section 115 substantially continues the provisions previously contained in IPC Section 323. The offence remains focused on intentional acts causing bodily pain, disease, or infirmity.
Important Case Laws
Marana Goundan v. State
The Court observed that bodily pain caused intentionally to another person may constitute hurt even when the injury is not serious.
Jashanmal Jhamatmal v. Brahmanand Sarupananda
The Court explained that actual physical pain or injury is sufficient to establish the offence when accompanied by the required intention or knowledge.
Defences Available to the Accused
Depending upon the facts of the case, the accused may raise the following defences:
- Lack of intention or knowledge.
- Self-defence.
- Accident without criminal intent.
- False implication.
- Absence of hurt.
- Insufficient evidence.
The success of any defence depends upon the evidence produced before the court.
Real-Life Illustration
Suppose A intentionally punches B during an argument, causing pain and minor injuries. Since A intentionally caused bodily pain to B, the act may amount to voluntarily causing hurt under BNS Section 115.
Similarly, slapping, kicking, or physically assaulting another person and causing bodily pain may attract liability under this section.
Conclusion
BNS Section 115 is an important provision dealing with voluntarily causing hurt under the Bharatiya Nyaya Sanhita, 2023. It punishes individuals who intentionally or knowingly cause bodily pain, disease, or infirmity to another person. The offence is non-cognizable, bailable, and compoundable by the injured person. Understanding BNS Section 115 helps individuals understand the legal consequences, punishment, bail provisions, available defences, and procedural aspects relating to voluntarily causing hurt under Indian law.