Bharatiya Nyaya Sanhita, 2023

BNS Section 115

Voluntarily causing hurt

In one line

BNS Section 115 deals with voluntarily causing hurt and replaces IPC 321 (now 115(1)), IPC 323 (now 115(2)).

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
115(2)Voluntarily causing hurt.Imprisonment for 1 year or fine of 10,000 rupees, or both.Non-cognizable.Bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 115

115. Voluntarily causing hurt.

(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.

What changed from the IPC

  • IPC 321 → BNS 115(1): No Change except IPC section is included as subsection in BNS.
  • IPC 323 → BNS 115(2): Section is included as sub-section in BNS sans heading.
  • IPC 323 → BNS 115(2): Fine is increased (which may extend to ten thousand rupees).

Frequently asked

What was BNS Section 115 in the IPC?

BNS Section 115 (Voluntarily causing hurt) replaces Sections 321, 323 of the Indian Penal Code, 1860. IPC 321 is now BNS 115(1). IPC 323 is now BNS 115(2).

What is the punishment under BNS 115(2)?

Voluntarily causing hurt – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.

Is BNS 115 bailable?

Bailable: BNS 115(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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