BNS § 115 · In force since 1 July 2024
Section 115 BNS — Voluntarily causing hurt
The old IPC 321 and 323 in one section. The definition is word for word; the maximum fine rises from ₹1,000 to ₹10,000.
In short
- Replaces
- IPC 323 (now 115(2)) and IPC 321 (now 115(1))
- Punishment
- Up to 1 year, or fine up to ₹10,000, or both
- Bail
- Bailable · non-cognizable · any Magistrate
- Which law applies
- Offence before 1 July 2024 → IPC 323. On or after → BNS 115(2).
The text
(1)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”.
(2)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.
“Hurt” is defined in s. 114: causing bodily pain, disease or infirmity to any person. The exception in sub-section (2) is hurt caused on grave and sudden provocation, punished under s. 122(1).
Source: Official BNS Gazette text. BNSS First Schedule and savings provision. NCRB old-to-new section table.
Steps in practice
- 1
Information at the police station
The offence is non-cognizable. The officer enters the substance of the information in the station book and refers the informant to the Magistrate (BNSS s. 174(1)).
- 2
Investigation needs a Magistrate’s order
Police cannot investigate without the Magistrate’s order (s. 174(2)). If the same case also involves a cognizable offence — grievous hurt, say — the whole case is treated as cognizable (s. 174(4)).
- 3
Or complain directly
The injured person can file a complaint before the Magistrate, who examines the complainant on oath (BNSS s. 223).
- 4
Keep the medical record
Preserve medical records, photographs and witness details. The nature and timing of any medical examination are matters to assess with the other evidence.
- 5
Settling it
Compoundable by the person hurt, without the court’s permission (s. 359(1)).
What changed from the IPC
The definition and the prison term carried over. The fine went up tenfold. The comparison below summarises the former IPC provisions; it is not a verbatim reproduction.
IPC 321
Intentionally or knowingly causing hurt constituted voluntarily causing hurt.
BNS 115(1)Same words
Same words. Renumbered only.
IPC 323
Up to one year of imprisonment, or a fine up to one thousand rupees, or both, subject to the exception in IPC 334.
BNS 115(2)Fine raised
… one year, or with fine which may extend to ten thousand rupees, or with both.
Bail, cognizance and court
| Section | Offence | Punishment | Cognizable | Bail | Tried by |
|---|---|---|---|---|---|
| 115(2) | Voluntarily causing hurt | 1 yr, or fine up to ₹10,000, or both | No | Bailable | Any Magistrate |
BNSS, First Schedule. Compoundable by the person hurt, without the court’s permission (BNSS s. 359(1)).
Which law applies
Which section do I charge?
IPC 323
Offence committed on or before 30 June 2024. FIR may be later.
BNS 115(2)
Offence committed on or after 1 July 2024.
The date of the offence decides it — not the date of the FIR or complaint (BNS s. 358; Article 20(1) of the Constitution). The higher fine applies only to hurt caused on or after 1 July 2024.
Charged together with 115
Questions advocates ask
Is 323 IPC bailable?
BNS 115(2) is bailable and non-cognizable under the BNSS First Schedule. Section 478 governs release on bail for bailable offences. Arrest in a non-cognizable case is subject to s. 35(2), including its reference to s. 39.
Will the police register an FIR for 323?
Not as a cognizable case. They record the substance of the information and refer the informant to the Magistrate (BNSS s. 174(1)); investigation needs the Magistrate’s order. If a cognizable offence is part of the same case, the whole case is cognizable (s. 174(4)).
Can a 323 case be settled?
Yes. It is compoundable by the injured person without the court’s permission, and composition has the effect of an acquittal (BNSS s. 359(1), (8)).