IPC 323 BNS Equivalent: New Section and What Changed

What Changed From IPC 323 to BNS 115(2)?

Section 323 IPC is replaced by Section 115(2) BNS. In the Bharatiya Nyaya Sanhita, definition and punishment are consolidated under Section 115 BNS, where sub-section 1 defines voluntarily causing hurt and sub-section 2 prescribes the penalty. The maximum term of imprisonment remains one year, but the maximum fine is increased from one thousand rupees under the IPC to ten thousand rupees under Section 115(2) BNS. The cross-reference to provocation refers to Section 122(1) BNS instead of Section 334 IPC.

IPC 323 vs BNS 115(2): Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	323	115(2)
Offence	Punishment for voluntarily causing hurt	Same
Punishment	Imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.	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.
Fine	Fine which may extend to one thousand rupees, either alone or together with imprisonment.	Fine which may extend to ten thousand rupees, either alone or together with imprisonment.
Bail	Bailable	Same
Cognizance	Non-Cognizable	Same
Compoundable	Compoundable	Same
Triable By	Any Magistrate	Same

IPC 323 and BNS 115(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 323, IPC 1860

323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, 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 one thousand rupees, or with both.

BNS 2023 (in force)

Section 115(2), BNS 2023

(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.

Ingredients: IPC 323 vs BNS 115(2)

Under IPC 323

The accused voluntarily caused hurt, that is bodily pain, disease or infirmity, to a person
The accused intended to cause hurt or knew that hurt was likely to be caused
The case is not one provided for by Section 334 IPC, which covers hurt caused on grave and sudden provocation

Under BNS 115(2)

The accused voluntarily inflicted bodily pain, illness, or physical infirmity upon a person
The act was committed with intent to cause hurt or awareness of likelihood under Section 115(1) BNS
The hurt inflicted did not qualify as grievous hurt under Section 116 BNS
The conduct was not excused by grave and sudden provocation under Section 122(1) BNS

What IPC 323 to BNS 115(2) Means for Pending Cases

For Section 323 IPC (now Section 115(2) BNS): an act done before 1 July 2024 is prosecuted under Section 323 IPC, and an act done on or after that date under Section 115(2) BNS, where the fine may extend to ten thousand rupees. Because the offence is non-cognizable, the police cannot investigate it without the order of a Magistrate under Section 155(2) CrPC. It is compoundable by the person hurt, and no permission of the court is needed.

FAQs: IPC 323 to BNS 115(2)

What is the BNS successor to Section 323 IPC?▼

Section 115(2) BNS succeeds Section 323 IPC as the punishing provision for voluntarily causing hurt.

Did the fine amount change under Section 115(2) BNS?▼

Yes, the maximum fine was increased from one thousand rupees under Section 323 IPC to ten thousand rupees under Section 115(2) BNS.

Does Section 323 IPC or Section 115(2) BNS apply to an act done before 1 July 2024?▼

Offences committed prior to 1 July 2024 continue under Section 323 IPC, whereas subsequent acts are governed by Section 115(2) BNS.

IPC 323 to BNS 115(2): Punishment for voluntarily causing hurt

IPC 323 to BNS 115(2) at a Glance