Introduction of Section 114 BNS
Section 114 BNS defines what amounts to ‘hurt’ in criminal law. It covers any act that causes bodily pain, disease, or physical infirmity, whether temporary or permanent. By including even minor injuries such as scratches, bruises, or short-term illness, the law ensures that individuals are protected from unlawful physical harm. This section emphasizes accountability, so that no act of violence—big or small—goes unpunished.”
The Bharatiya Nyaya Sanhita (BNS) Section 114 replaces the old Indian Penal Code (IPC) Section 319.
- Introduction of Section 114 BNS
- What is section 114 of BNS ?
- BNS Section 114 in Simple Points
- Section 114 BNS Overview
- BNS 114 Punishment
- BNS 114 bailable or not ?
- Bharatiya Nyaya Sanhita Section 114
- BNS Section 114 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 114 of BNS ?
BNS Section 114 defines the act of “hurt” as causing bodily pain, disease, or infirmity to another person. This section outlines the actions that legally constitute hurt and sets the framework for punishing individuals responsible for inflicting such harm. The offense focuses on causing physical discomfort or injury to a person, whether minor or severe.
Bare Act – BNS Section 114
Whoever causes bodily pain, disease, or infirmity to any person is said to cause hurt.
1. Meaning of “Bodily Pain”
- The simplest form of hurt is causing physical pain to someone.
- The pain does not need to be severe or permanent – even temporary pain is enough.
- The law focuses on any physical discomfort caused unlawfully.
Example: Slapping someone in anger that causes pain, even if it leaves no mark, is considered hurt.
2. Meaning of “Disease”
- If a person intentionally or negligently makes another person fall ill, it qualifies as hurt.
- Disease includes both short-term and long-term illnesses caused by someone’s actions.
Example: Giving contaminated food or water to a person, leading to food poisoning, is hurt under this section.
3. Meaning of “Infirmity” (Weakness)
- “Infirmity” means temporary or permanent weakness of the body.
- It refers to any state where a person cannot function normally due to someone’s act.
Example: Administering drugs that make a person faint or weak is counted as causing hurt.
4. Temporary or Permanent Harm
- The law does not require the injury to be long-lasting.
- Even short-term harm or illness falls under the definition of hurt.
Example: A small cut, bruise, or a minor burn still counts as hurt.
5. Intention or Negligence
- The act of causing hurt can be intentional (done knowingly) or negligent (careless behavior).
- Both are punishable under Section 114.
Example: Throwing stones carelessly in a crowd that injures someone is hurt, even if there was no intent to harm.
6. What is Not Covered
- Emotional pain or mental distress alone is not covered under Section 114.
- Only physical pain, disease, or infirmity is recognized here.
Example: If someone insults another person and the victim feels humiliated, it is not “hurt” under this section because there is no physical injury.
7. Legal Nature of the Offence
- Cognizable: Police can register a case and arrest without a warrant.
- Bailable: The accused can apply for bail.
- Triable by Magistrate: The case is usually handled by a Magistrate of the First Class.
Why Section 114 BNS is Important
It ensures protection against even minor physical injuries.
- It holds people accountable for causing bodily pain, illness, or weakness to others.
- It creates a legal boundary so that even “small” acts of violence or negligence do not go unpunished.
Section 114 BNS Overview
BNS Section 114 defines “hurt” as causing bodily pain, disease, or physical infirmity to another person. The section covers any act that results in temporary or permanent physical discomfort or illness. This includes injuries caused intentionally or through negligence. The law is meant to protect people from any form of physical harm inflicted by others, regardless of the severity of the harm.
BNS Section 114: 10 Key Points
- Bodily Pain: The core definition of “hurt” includes causing any form of physical pain to another person. It doesn’t matter whether the pain is severe or mild; as long as there is physical discomfort, it falls under this law.
- Injury or Wounds: Even minor injuries, such as cuts, bruises, or scratches, are enough to be considered hurt. The section focuses on any physical injury caused to a person.
- Disease: If someone intentionally causes another person to fall ill, by any means, this also qualifies as “hurt.” It could include making someone sick through food, water, or other forms of contamination.
- Infirmity (Weakness): Any act that results in someone becoming temporarily or permanently weak or physically incapable falls under the definition of hurt. This could include anything that affects a person’s ability to move or function normally.
- Temporary or Permanent Harm: Whether the injury or illness is temporary or permanent, it doesn’t matter. Even a short-term injury or illness, like a small burn or a stomach ache caused by contaminated food, can qualify as hurt.
- Intentional or Negligent Acts: The section covers both intentional harm and harm caused by negligence. For example, if someone is careless and their actions result in hurting someone, they are still held accountable under this section.
- No Requirement for Severe Harm: The law does not require the injury to be serious or life-threatening. Even minor physical discomfort or illness qualifies as hurt, making this law applicable to a wide range of situations.
- Legal Accountability: Anyone causing hurt, whether through direct physical assault or other means, can be held legally responsible. The punishment depends on the nature and extent of the hurt caused.
- Protection Against Physical Harm: The purpose of this section is to ensure that every individual is protected from any form of physical harm inflicted by others, regardless of how minor it might seem.
- Broader Protection: This section extends its protection to all individuals, ensuring that even minor acts of physical harm are punishable by law. It highlights the importance of preventing both small and large physical injuries in society.
Examples of BNS Section 114
- Example 1: Minor Physical Injury
- A person pushes someone during an argument, resulting in the victim falling and bruising their arm. Although the injury is not severe, the physical pain caused would be considered “hurt” under BNS Section 114.
- Example 2: Causing Illness
- If someone knowingly gives another person contaminated food, causing them to fall ill, this would be classified as hurt under Section 114. The act of making someone sick through deliberate action fits the definition of causing “disease.”
BNS 114 Punishment
Section 114 itself only defines what amounts to ‘hurt.’ The actual punishment is dealt with under Section 115 BNS. Generally, the penalty can include imprisonment, a fine, or both, depending on the seriousness of the injury caused
BNS 114 bailable or not ?
The offense under BNS Section 114 is generally bailable, meaning the accused person can apply for bail, depending on the specifics of the case.
Bharatiya Nyaya Sanhita Section 114
| BNS Section | Offense | Punishment | Cognizable | Bailable | Court |
|---|---|---|---|---|---|
| 114 | Causing hurt (bodily pain, disease, or infirmity) | Imprisonment and fine | Yes | Yes | Magistrate of the First Class |
Comparison Between BNS Section 114 and IPC Section 319
| Point of Comparison | BNS Section 114 (Bharatiya Nyaya Sanhita, 2023) | IPC Section 319 (Indian Penal Code, 1860) |
|---|---|---|
| Codification | Part of the Bharatiya Nyaya Sanhita, 2023 (new criminal code of India). | Part of the Indian Penal Code, 1860 (repealed in 2023). |
| Definition of Hurt | Defines hurt as causing bodily pain, disease, or infirmity to another person. | Same definition – hurt means causing bodily pain, disease, or infirmity to another person. |
| Scope | Modern law – keeps the same scope but uses updated language for clarity under BNS. | Older law – traditional wording but with the same meaning. |
| Examples of Hurt | Slapping, bruises, food poisoning, temporary weakness, fainting – all are “hurt.” | Identical examples applied – even minor physical harm was considered hurt. |
| Legal Nature | Cognizable (police can arrest without warrant), Bailable (accused can seek bail), triable by Magistrate. | Cognizable, Bailable, triable by Magistrate. |
| Punishment | Not specified directly in Section 114; punishment depends on related sections (like Section 115 – punishment for voluntarily causing hurt). | Same – IPC 319 only defined hurt; actual punishment was in IPC 323 and related sections. |
| Status | Active law under BNS since 1st July 2024. | Repealed along with IPC after BNS came into effect. |
| Key Difference | Updated codification in the BNS for a simplified, modern criminal justice system. | Older codification under IPC, now replaced by BNS. |
BNS Section 114 FAQs
What does “hurt” mean under BNS Section 114?
Hurt refers to causing physical pain, disease, or any physical weakness (infirmity) to a person.
Can someone be punished for causing hurt by accident?
Yes, if the hurt is caused by negligence, the person responsible can still be punished.
Is BNS Section 114 a bailable offense?
Yes, the offense is generally bailable, allowing the accused to apply for bail.
What punishment can be given under Section 114?
The punishment can include imprisonment and a fine, depending on the severity of the hurt caused.
Does BNS Section 114 cover psychological harm?
No, this section only covers physical harm, not emotional or psychological injury.
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Conclusion
Section 114 BNS ensures that no act of physical harm, however small, goes unpunished. By defining “hurt” broadly to include pain, disease, or infirmity, the law protects individuals from deliberate or negligent harm. It sends a clear message that even minor injuries caused unlawfully are taken seriously under Indian law.