Section 115 of the Bharatiya Nyaya Sanhita, 2023, is the legal provision that defines and punishes the act of voluntarily causing hurt. It is divided
Section 115 of the Bharatiya Nyaya Sanhita (BNS): A Complete Guide to Voluntarily Causing Hurt
India’s criminal justice system underwent a historic transformation on July 1, 2024, when the Bharatiya Nyaya Sanhita (BNS), 2023 officially replaced the Indian Penal Code (IPC) of 1860. This wasn’t just a name change or a cosmetic update. It was a complete overhaul designed to make our laws more relevant to modern India. Among the many sections that found a new home in the BNS, one of the most commonly invoked and practically significant provisions is Section 115, which deals with the offence of voluntarily causing hurt.
If you have ever been involved in a scuffle, a road rage incident, a neighbourhood quarrel, or any situation where someone intentionally or knowingly caused you physical pain, this is the section that likely applies. It is one of the most frequently used sections in police stations and courts across the country because it covers the vast majority of physical altercations that do not result in life-threatening or permanently disabling injuries.
In this article, we will break down Section 115 of the BNS in the simplest possible language. We will look at what it means, what the law requires to prove this offence, how it is different from the old IPC, what punishment it carries, and how courts have traditionally interpreted it. Whether you are a law student, a legal professional, or an ordinary citizen trying to understand your rights, this guide is written for you.
What is Section 115 of the BNS?
Section 115 of the Bharatiya Nyaya Sanhita, 2023, is the legal provision that defines and punishes the act of voluntarily causing hurt. It is divided into two sub-sections, each serving a distinct purpose.
- Sub-section (1) gives the definition of what it means to voluntarily cause hurt.
- Sub-section (2) prescribes the punishment for this offence.
The language of the section is straightforward, but the legal concepts behind it are deep and have been refined by decades of court judgments. Let us look at the exact wording and then unpack it piece by piece.
The section states:
- 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 to voluntarily cause hurt.
- Whoever, except in the case provided for by sub-section (1) of section 122, 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.
This is the backbone of the law on simple hurt in India. It tells us that if you do something intending to cause physical pain to someone, or if you know that your action is likely to cause pain, and you actually end up causing that pain, you have committed an offence under Section 115.
The Story Behind the Law: From IPC to BNS
To truly understand Section 115, it helps to know where it came from. Before the BNS came into force, the same offence was covered under two different sections of the Indian Penal Code, 1860.
- Section 321 of the IPC defined voluntarily causing hurt.
- Section 323 of the IPC provided the punishment for it.
The BNS has merged these two aspects into a single, cohesive section. The definition part in sub-section (1) of BNS Section 115 corresponds to the old IPC Section 321. The punishment part in sub-section (2) corresponds to the old IPC Section 323.
This consolidation makes the law cleaner and easier to navigate. Instead of jumping between two sections to understand one offence, you now have everything in one place. The BNS has essentially taken the wisdom of the old IPC, preserved the core legal principles, and repackaged them in a more modern and accessible format.
However, there is one important change in the punishment. Under the old IPC, the fine was capped at one thousand rupees. The BNS has increased this significantly to ten thousand rupees. This ten-fold increase reflects the reality of inflation and the modern understanding that financial penalties must be meaningful to act as a deterrent.
What Does Hurt Actually Mean?
Before we dive deeper into Section 115, we need to understand what the word hurt means in legal terms. In everyday language, we might use hurt to describe emotional pain, disappointment, or heartbreak. But in criminal law, hurt has a very specific and narrow meaning.
Under the BNS, hurt refers to causing bodily pain, disease, or infirmity to another person. Let us break this down:
- Bodily pain means any physical pain. It could be a slap, a punch, a kick, or even a pinch. The intensity of the pain does not matter for the definition of hurt. Even a minor pain qualifies.
- Disease means causing someone to fall ill. For example, if you intentionally give someone contaminated food knowing it will make them sick, you have caused hurt.
- Infirmity means weakening someone’s physical or mental strength. If you do something that makes someone unable to perform their normal bodily or mental functions, even temporarily, that is infirmity.
It is important to note that hurt does not include emotional or mental trauma by itself. The hurt must have a physical dimension. If someone abuses you verbally and causes you mental distress, that may fall under other sections of the law, but not under Section 115.
The Two Mental States: Intention and Knowledge
The heart of Section 115 lies in the mental state of the person committing the act. The law recognizes two different mental states that can make an act criminal under this section:
- Intention
- Knowledge
These are the two pillars on which the offence of voluntarily causing hurt stands. Let us understand each one carefully.
Intention to Cause Hurt
Intention means that the person wanted to cause hurt. It is a deliberate and conscious objective. If you raise your hand to slap someone because you want to cause them pain, you are acting with intention. The law does not require you to have a deep-seated hatred or a long-planned motive. Even a momentary decision to cause pain is enough.
For example, imagine two neighbours arguing over a parking spot. One of them, in a fit of anger, pushes the other. The push is not accidental. It is done with the specific purpose of causing the other person to fall and feel pain. That is intention.
Knowledge that Hurt is Likely
Knowledge is slightly different from intention. Here, the person may not actively want to cause hurt, but they know that their action is likely to cause it. They are aware of the probable consequences and still go ahead with the act.
For example, suppose you throw a heavy object out of a window onto a busy street. You may not intend to hit anyone, but you know that it is likely to hit someone and cause pain. If it does hit someone and cause hurt, you are guilty under Section 115 because you acted with knowledge.
The law is careful here. It does not punish accidents. If you genuinely did not know and could not have known that your act would cause hurt, you are not guilty under this section. The knowledge must be present at the time of the act.
The Physical Act: Causation and Result
Having the intention or knowledge is not enough. The law also requires that the act actually causes hurt. There must be a direct link between what the person did and the pain or injury suffered by the victim.
This is called causation. The prosecution must prove that the accused’s act was the direct and proximate cause of the hurt. If there is a break in the chain of events, or if some other factor caused the injury, the accused may not be liable.
For example, if you push someone and they fall and bruise their knee, the causation is clear. But if you push someone, they fall, and then a third person accidentally steps on them causing additional injury, the court will look closely at which injuries were directly caused by your push and which were caused by the subsequent event.
The Exception: Section 122 and Grave and Sudden Provocation
Section 115 is not absolute. It comes with an important exception built into sub-section (2). The law says that the punishment under Section 115 does not apply if the case is covered by sub-section (1) of Section 122.
Section 122 of the BNS deals with voluntarily causing hurt on grave and sudden provocation. This is a legal defence that recognizes human frailty. The law understands that sometimes people lose control of themselves when they are suddenly and severely provoked.
If someone insults you deeply, attacks your family member in front of you, or does something so provocative that a reasonable person would lose self-control, and in the heat of the moment you cause hurt to that person, you may be covered under Section 122 instead of Section 115.
Under Section 122, the punishment is reduced. The maximum imprisonment is only one month, and the fine is capped at five thousand rupees. This is significantly lighter than the one-year imprisonment and ten-thousand-rupee fine under Section 115.
However, this defence is not a free pass. The provocation must be both grave and sudden. It cannot be something trivial, and it cannot be a slow-building anger. The law also requires that in the heat of the moment, you did not intend to cause hurt to anyone other than the person who provoked you. If you lash out at an innocent bystander, the defence does not apply.
Punishment Under Section 115
Let us now look at the punishment in detail. Sub-section (2) of Section 115 prescribes the following:
- Imprisonment of either description for a term which may extend to one year.
- Fine which may extend to ten thousand rupees.
- Both imprisonment and fine.
The phrase imprisonment of either description means the court can choose between simple imprisonment and rigorous imprisonment. Simple imprisonment means the convict is confined but not required to do hard labour. Rigorous imprisonment involves hard labour.
In practice, for a first-time offence under Section 115 involving minor injuries, courts often impose a fine or simple imprisonment. Rigorous imprisonment is usually reserved for more serious cases or repeat offenders.
The fine has been increased from one thousand rupees under the IPC to ten thousand rupees under the BNS. This gives the court much more flexibility to impose a penalty that fits the crime and the economic status of the offender.
Nature of the Offence: Bailable, Non-Cognizable, and Compoundable
Understanding the procedural nature of an offence is just as important as understanding its substance. Section 115 is classified as:
- Non-cognizable
- Bailable
- Triable by any Magistrate
- Compoundable
Let us understand what each of these terms means in plain language.
Non-Cognizable
A non-cognizable offence means that the police cannot arrest you without a warrant. They cannot take suo motu action based on a complaint alone. They need permission from a Magistrate to investigate and arrest. This is a significant protection for the accused because it prevents arbitrary arrests in minor scuffles.
In practice, this means that if someone alleges that you slapped them, the police cannot simply come to your house and arrest you. They must first record the complaint, seek judicial authorization, and then proceed.
Bailable
A bailable offence means that if you are arrested, you have a right to be released on bail. It is not a discretionary matter for the court in the way non-bailable offences are. The accused can claim bail as a matter of right, subject to furnishing the required bond and sureties.
This reflects the legislative understanding that voluntarily causing simple hurt, while wrong, is not a grave threat to society that requires prolonged pre-trial detention.
Triable by Any Magistrate
This offence does not require the attention of a Sessions Court or a higher judiciary. Any Judicial Magistrate can try the case. This ensures that minor hurt cases do not clog the higher courts and are disposed of efficiently at the lower judicial levels.
Compoundable
This is perhaps the most practically important feature. A compoundable offence means that the victim and the accused can settle the matter out of court with the permission of the court. If both parties agree to compromise, the case can be withdrawn.
This is extremely common in Section 115 cases. Many hurt cases arise from family disputes, neighbourly quarrels, or heat-of-the-moment altercations. Once tempers cool, both parties often want to move on. The law allows them to do so, reducing the burden on courts and promoting social harmony.
Essential Ingredients to Prove the Offence
If you are a victim seeking justice, or an accused defending yourself, it is crucial to know what the prosecution must prove to secure a conviction under Section 115. The essential ingredients are:
- The accused must have done an act.
- The act must have been done with the intention to cause hurt, or with the knowledge that hurt was likely to be caused.
- The act must have actually caused hurt to another person.
- The hurt must consist of bodily pain, disease, or infirmity.
- The case must not fall under the exception of grave and sudden provocation covered by Section 122.
If any one of these ingredients is missing, the prosecution fails. For example, if the accused proves that the act was purely accidental, or that there was no intention or knowledge, they must be acquitted.
Comparison with Related Offences
Section 115 does not exist in isolation. It is part of a family of offences in Chapter 6 of the BNS that deal with hurt. Understanding the nearby sections helps clarify the scope of Section 115.
Section 114: Hurt
Section 114 defines what hurt means. It is the foundational definition that Section 115 builds upon. Without Section 114, Section 115 would have no meaning.
Section 116: Voluntarily Causing Grievous Hurt
This is the big brother of Section 115. Grievous hurt is a much more serious injury. It includes emasculation, permanent privation of sight or hearing, permanent disfigurement, fracture or dislocation of bones, and any hurt that endangers life or causes the victim to be in severe bodily pain for twenty days or more. The punishment for grievous hurt is imprisonment up to seven years and fine.
Section 118: Voluntarily Causing Hurt by Dangerous Weapons or Means
If you cause simple hurt but use a dangerous weapon like a knife, a gun, acid, poison, or a heated substance, the offence is aggravated. Even though the injury itself might be minor, the method used makes it more serious. The punishment goes up to three years and fine up to twenty thousand rupees.
Section 119: Voluntarily Causing Hurt to Extort Property
If hurt is caused for the purpose of extortion or to force someone to do something illegal, the punishment is much more severe. It can go up to ten years imprisonment.
Section 122: Hurt on Grave and Sudden Provocation
As discussed earlier, this is the exception that reduces punishment when the act is done under sudden and severe provocation.
Judicial Interpretation and Precedents
Although Section 115 of the BNS is a new provision, it is essentially a reincarnation of the old IPC Sections 321 and 323. Therefore, the vast body of judicial precedent built over more than 160 years under the IPC remains highly relevant.
Courts have consistently held the following principles:
- Intention and knowledge must be proved beyond reasonable doubt. Mere suspicion or probability is not enough.
- The hurt caused must be physical. Mental pain, insult, or humiliation without physical injury does not attract this section.
- The act must be voluntary. Accidental injuries are excluded.
- The degree of hurt is irrelevant. Even a minor scratch or a slap is enough if the intention or knowledge is present.
- Provocation must be sudden and grave. Pre-planned retaliation or revenge does not qualify for the reduced punishment under Section 122.
In many cases, courts have emphasized that Section 115 is not meant to criminalize every minor physical contact. Human beings are bound to bump into each other, jostle in crowds, and engage in physical sports. The law does not turn every such contact into a criminal offence. There must be a clear element of wrongfulness, intention, or knowledge.
Practical Examples and Illustrations
Let us make this concrete with some everyday examples.
- Example 1: Rahul and Sohan are college students. During an argument, Rahul slaps Sohan across the face. Sohan’s cheek turns red and he feels pain for a few minutes. Rahul is guilty under Section 115 because he intentionally caused bodily pain.
- Example 2: A shopkeeper throws a rotten tomato at a passing cyclist in anger. The cyclist is hit and feels pain. The shopkeeper knew his action was likely to cause hurt. He is guilty under Section 115.
- Example 3: Priya accidentally bumps into a stranger on a crowded bus. The stranger falls and bruises their elbow. Priya had no intention and no knowledge that her movement would cause hurt. She is not guilty under Section 115.
- Example 4: A man catches his wife in an act of infidelity and in a sudden fit of rage slaps the other man. This may be covered under Section 122 if the court finds the provocation to be grave and sudden.
- Example 5: Two friends are play-wrestling. One accidentally twists the other’s arm too hard, causing a sprain. Since there was no intention or knowledge to cause hurt, this is not an offence under Section 115.
How to File a Complaint Under Section 115
If you are a victim of voluntarily caused hurt, here is what you need to know about the legal process:
- You can file a complaint at the local police station or directly before a Judicial Magistrate.
- Since it is a non-cognizable offence, the police may not register an FIR immediately without Magisterial permission. You may need to file a private complaint.
- Gather evidence such as medical reports, photographs of injuries, and witness statements.
- If the injuries are minor and the matter is settled, you can approach the court to compound the offence.
If you are accused, remember:
- Do not panic. It is a bailable offence.
- Preserve evidence that shows the act was accidental, done in self-defence, or under grave and sudden provocation.
- Consult a lawyer immediately to explore the possibility of compromise or defence.
The Bigger Picture: Why Section 115 Matters
Section 115 may seem like a small provision in a massive legal code, but it touches the lives of millions of Indians. It is the legal shield that protects ordinary people from everyday violence. It covers the street fights, the domestic scuffles, the workplace altercations, and the neighbourly disputes that make up the bulk of physical crime in our society.
By keeping the offence bailable, non-cognizable, and compoundable, the law strikes a delicate balance. It condemns violence but does not over-punish minor transgressions. It gives victims a remedy but also allows for reconciliation. It recognizes that human beings are imperfect and sometimes act in anger, but it also sets clear boundaries on what is acceptable.
The increase in the fine from one thousand to ten thousand rupees is a welcome change. It brings the law in line with economic reality and ensures that punishment has a deterrent effect. In an era where even minor medical treatment can cost thousands of rupees, a meaningful fine is essential.
Conclusion
Section 115 of the Bharatiya Nyaya Sanhita, 2023, is the modern legal answer to a timeless problem: how do we deal with people who intentionally or knowingly cause physical pain to others? It carries forward the wisdom of the old IPC while making the law more accessible and the punishment more realistic.
Whether you are a student trying to understand criminal law, a citizen seeking justice, or simply someone curious about how the new legal system works, Section 115 is a great starting point. It teaches us that the law does not just punish; it defines, it protects, and it balances the competing interests of justice, mercy, and social order.
In a country as diverse and dynamic as India, where millions of minor physical altercations happen every day, Section 115 stands as a quiet but essential guardian of bodily integrity and human dignity.
COMMENTS