BNS 115 : Voluntarily causing hurt .

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Introduction of Section BNS 115

BNS 115 defines the offence of ‘voluntarily causing hurt.’ It applies when a person intentionally or knowingly causes physical pain, disease, or infirmity to another individual. Unlike grievous hurt, this section deals with less severe injuries, such as a slap, scratch, or temporary illness, but still ensures legal accountability. Replacing IPC Sections 321 and 323, it makes clear that even small acts of violence are punishable with imprisonment, fine, or both

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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.

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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.

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BNS Act – Section 115 BNS

Section 115(1):
Whoever voluntarily causes hurt shall be said to commit the offence of voluntarily causing hurt.

Section 115(2):
Whoever commits the offence of voluntarily causing 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.

1. Definition of Voluntarily Causing Hurt
   This section applies when a person intentionally inflicts bodily pain, disease, or infirmity on another. The act must either be done with direct intent or with the knowledge that harm is likely to occur.
   Example: A person slaps another during an argument, causing pain. Even if no serious injury occurs, it qualifies as voluntarily causing hurt.

2. Intent and Knowledge
   The law recognizes two mental states:
   • Intentional harm: When the person means to cause pain or injury.
   • Knowledge of consequences: When the person knows their act will likely cause pain, even if they did not directly intend it.
     Example: Throwing a stone into a crowd, knowing it could hit someone, is still voluntarily causing hurt.

3. Scope of “Hurt”
   The word hurt under this section covers:
   • Physical pain (slaps, scratches, bruises).
   • Disease (making someone sick deliberately, e.g., by giving contaminated food).
   • Infirmity (temporary or permanent weakness, like fainting or reduced ability to function).
     Importantly, hurt does not need to be severe. Even minor pain or discomfort is enough.
     Example: Giving food mixed with a mild drug that makes someone faint is causing hurt.

4. Difference from Grievous Hurt
   • Section 115 (Voluntary Hurt): Applies to minor harm, punishable up to 1 year.
   • Section 116 onwards (Grievous Hurt): Applies to serious injuries, with heavier punishment.
     This distinction ensures proportionate punishment.

5. Punishment under Section 115(2)
   • Imprisonment: Up to 1 year.
   • Fine: Up to ₹10,000.
   • Both: Court may impose imprisonment and fine together depending on case facts.
     Example: A person knowingly pushes someone off a bicycle, causing minor injuries. Court may order 6 months jail + ₹5,000 fine.

6. Legal Classification of the Offence
   • Cognizability: Non-cognizable → Police cannot arrest without warrant.
   • Bailability: Bailable → Accused can seek bail easily.
   • Compounding: Compoundable → The victim can settle the matter with the accused, with court permission.
   • Trial: Any Magistrate can try the offence.

7. Why Section 115 is Important
   • Prevents small acts of violence from going unchecked.
   • Protects citizens from everyday aggression.
   • Balances fairness (lighter punishment) with deterrence (still punishable).
   • Reinforces that no one has the right to inflict even minor harm on another person.

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BNS 115(1) : Voluntarily causing hurt in Simple Points

1. 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.
2. 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.
3. 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.
4. Includes Various Types of Pain: The term “hurt” covers any form of physical pain, including minor injuries and discomfort, not just severe wounds.
5. 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.

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BNS 115(2) : Punishment for causing hurt voluntaril in Simple Points

1. 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.
2. 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.
3. Fine: Besides imprisonment, the offender may be fined up to ₹10,000. This fine is an additional penalty imposed alongside or instead of imprisonment.
4. 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.
5. 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.

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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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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

1. 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.
2. 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.

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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.

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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.

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Comparison Between BNS Section 115 and IPC Section 319 /321

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BNS Section 115 FAQs

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Conclusion

Section 115 BNS ensures that even minor acts of physical violence are not ignored under law. By criminalizing voluntary hurt, the section protects individuals from everyday aggression and emphasizes accountability. While the punishment is lighter compared to grievous hurt, it still sends a strong message: no one has the right to intentionally inflict pain, however small, on another person. This provision balances fairness with deterrence, ensuring justice in cases of minor physical harm.

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Finished with BNS 115 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• BNS 116 : Grievous hurt
• https://marriagesolution.in/bns_section/bns-116/
• BNS 117 : Voluntarily causing grievous hurt .
• https://marriagesolution.in/bns_section/bns-117/
• BNS Section 118 : Voluntarily causing hurt or grievous hurt by dangerous weapons or means.
• https://marriagesolution.in/bns_section/bns-section-118/
• Section 119 BNS : Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal to an act .
• https://marriagesolution.in/bns_section/section-119-bns/
• BNS 120 : Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property .
• https://marriagesolution.in/bns_section/bns-120/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

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