Introduction of Section BNS 115
BNS 115 addresses the act of “voluntarily causing hurt.” It defines situations where a person, either intentionally or with the knowledge that their actions are likely to cause physical harm, inflicts hurt on another individual. The section also prescribes punishment for such acts, which includes imprisonment or a fine, or both.
The Bharatiya Nyaya Sanhita (BNS) Section 115(1) replaces the old Indian Penal Code (IPC) Section 321.
The Bharatiya Nyaya Sanhita (BNS) Section 115(2) replaces the old Indian Penal Code (IPC) Section 323.
- Introduction of Section BNS 115
- What is BNS Section 115 ?
- BNS 115(1) in Simple Points
- BNS 115(2) in Simple Points
- Section 115 BNS Overview
- BNS 115 Punishment
- BNS 115 bailable or not ?
- Bharatiya Nyaya Sanhita Section 115
- BNS Section 115 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 115 ?
BNS Section 115 defines “voluntarily causing hurt” as when a person, either with the intent to cause harm or knowing that their actions are likely to cause harm, inflicts physical pain, injury, or discomfort on another person. The term “hurt” includes any form of bodily pain, disease, or infirmity, even if it is not severe or life-threatening.
BNS 115(1) in Simple Points
- Definition of Voluntary Hurt: Section 115(1) defines “voluntarily causing hurt” as any action intended to cause physical pain or injury, or where the person knows their actions are likely to cause such harm.
- Intentional Actions: The section emphasizes that the act causing hurt must be done intentionally. If someone acts with the purpose of causing pain or is aware that their actions could likely result in harm, it falls under this provision.
- Knowledge of Consequences: Even if the person does not have the direct intent to cause harm but knows that their actions could lead to injury, it is considered as voluntarily causing hurt.
- Includes Various Types of Pain: The term “hurt” covers any form of physical pain, including minor injuries and discomfort, not just severe wounds.
- Act of Causing Physical Pain: The section addresses any act that results in physical discomfort or injury, regardless of the severity of the injury, as long as it was done with intent or knowledge of likely harm.
BNS 115(2) in Simple Points
- Punishment for Voluntary Hurt: Section 115(2) specifies the punishment for causing hurt voluntarily as described in subsection (1). The person responsible can face legal consequences under this section.
- Imprisonment Term: The punishment can include imprisonment for up to one year. This is the maximum duration for which someone can be jailed for voluntarily causing hurt under this section.
- Fine: Besides imprisonment, the offender may be fined up to ₹10,000. This fine is an additional penalty imposed alongside or instead of imprisonment.
- Combination of Penalties: The court can choose to impose either imprisonment, a fine, or both, depending on the circumstances of the case and the severity of the hurt caused.
- Non-Cognizable, Bailable, and Compoundable: This offence is non-cognizable, meaning police need a warrant to make an arrest. It is also bailable, so the accused can get bail, and compoundable, meaning the case can potentially be settled out of court with the victim’s consent.
Section 115 BNS Overview
Under BNS Section 115, “voluntarily causing hurt” is defined as intentionally causing physical pain or injury to someone, or doing so with the knowledge that such actions are likely to cause harm. The section applies even if the harm is not severe, as long as bodily pain, injury, or discomfort is caused.
10 Key Points of BNS Section 115
- Intentional Harm: For an act to be considered under this section, the harm must be caused intentionally. The offender should have intended to cause pain or injury to another person.
- Knowledge of Harm: Even if a person does not directly intend to hurt someone but knows their actions will likely cause harm, it is still considered voluntarily causing hurt.
- Physical Pain or Injury: Any physical pain, injury, or discomfort caused to another person falls under this section. The injury does not need to be serious; even minor pain qualifies.
- Punishment by Imprisonment: The law provides for imprisonment for up to one year for anyone found guilty of voluntarily causing hurt. This applies depending on the severity of the case.
- Punishment by Fine: In addition to or instead of imprisonment, the offender may be fined up to ₹10,000. The court will decide the fine based on the specifics of the case.
- Non-Cognizable Offence: The offence is non-cognizable, meaning the police cannot arrest the accused without a warrant. A court order is required to take legal action.
- Bailable Offence: BNS Section 115 is a bailable offence, meaning the accused can easily obtain bail from the court and need not remain in custody throughout the trial.
- Compoundable Offence: The offence is compoundable, meaning the victim and the accused can reach a settlement outside court, with the court’s approval. This makes it easier for both parties to resolve the issue without a lengthy trial.
- Magistrate’s Trial: Cases related to voluntarily causing hurt are tried by any magistrate. This makes it easier to access justice, as the case does not require a higher-level court.
- Applicable to Minor Injuries: Even if the injury or harm is minor, it still qualifies as “voluntarily causing hurt.” The law covers all forms of physical pain, discomfort, or injury, whether serious or not.
Two Examples of BNS Section 115
- Example 1: A person slaps someone during an argument, causing pain and discomfort. Even though the injury is not severe, this act is considered voluntarily causing hurt, as it was done with the intent to harm the other person.
- Example 2: A person throws a stone at someone, knowing that it could hit them and cause pain. Even if the intention was not to severely injure but just to scare or harm slightly, it is still considered voluntarily causing hurt if the person suffers pain.
BNS 115 Punishment
Imprisonment: A person found guilty of voluntarily causing hurt can be sentenced to imprisonment for up to one year.
Fine: The offender can also be fined up to ₹10,000. In some cases, both imprisonment and a fine may be imposed.
BNS 115 bailable or not ?
Yes, BNS Section 115 is a bailable offence, meaning the accused can be granted bail, and the case can be settled outside of court if both parties agree.
Bharatiya Nyaya Sanhita Section 115
| Points | Details |
|---|---|
| Offence | Voluntarily causing hurt |
| Punishment | Imprisonment up to 1 year or fine of ₹10,000, or both |
| Cognizability | Non-cognizable |
| Bailability | Bailable |
| Compounding | Compoundable |
| Trial By | Any Magistrate |
BNS Section 115 FAQs
What does “voluntarily causing hurt” mean under BNS Section 115?
Voluntarily causing hurt refers to intentionally or knowingly causing physical pain, injury, or discomfort to another person.
What is the punishment for voluntarily causing hurt under BNS Section 115?
The punishment can be imprisonment for up to one year, a fine of up to ₹10,000, or both.
3. Is BNS Section 115 considered a cognizable offence?
No, BNS Section 115 is classified as a non-cognizable offence. This means that the police cannot arrest the accused without a warrant and generally need permission from a magistrate to take further action.
Can the offence under BNS Section 115 be compounded?
Yes, BNS Section 115 is a compoundable offence. This means that the victim and the accused can reach an agreement to settle the matter out of court, with the victim’s consent.
Who can try cases under BNS Section 115?
Cases under BNS Section 115 can be tried by any magistrate. Since it is a non-cognizable and bailable offence, it falls within the jurisdiction of a magistrate who handles such cases.
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