Section 115 BNS: Voluntarily causing hurt

Bharatiya Nyaya Sanhita, 2023

Section 115 BNS at a Glance

Section 115 BNS deals with voluntarily causing hurt. It replaced Sections 321 and 323 IPC on 1 July 2024.

Punishment

Section 115(1) BNS is a definition sub-section and prescribes no penalty. Punishment for voluntarily causing hurt is enacted under Section 115(2) BNS.

IPC Equivalent

Section 321 →

Section 115 BNS Bare Act Text

(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.

Source: Section 115, Bharatiya Nyaya Sanhita, 2023

Section 115 BNS in the IPC (Previous Law)

Section 115 BNS replaced Sections 321 and 323 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 115 BNS

Under Section 115(1) BNS, what does voluntarily causing hurt mean in simple words?▼

It means a person intentionally or knowingly caused pain, illness, or physical discomfort to someone else. The harm need not be serious. Even a slap, punch, or other minor assault can fall within this kind of provision if the legal ingredients are met.

Is actual injury necessary for Section 115(1) BNS to apply?▼

Yes, there must be some form of hurt, such as bodily pain, disease, or infirmity. A mere threat or attempt without actual hurt will usually be dealt with under different provisions. The prosecution must show that the victim really suffered hurt.

Can Section 115(1) BNS apply if there was no intention to harm?▼

It may still apply if the accused knew that hurt was likely to result from the act. The law looks at both intention and knowledge. A person cannot usually escape liability just by saying the injury was not planned if the conduct clearly made hurt likely.

Does Section 115(1) BNS itself prescribe the punishment for causing hurt?▼

No, Section 115(1) BNS only defines what it means to voluntarily cause hurt. The punishment for the offence is provided separately in Section 115(2) BNS, which prescribes imprisonment up to one year, or a fine up to ten thousand rupees, or both.

What does Section 115(2) BNS punish?▼

It punishes the voluntary causing of hurt. The harm must be intentional or knowingly caused, and it must result in bodily pain, disease, or infirmity. If the injury is more serious, a different section applies.

Is Section 115(2) BNS bailable?▼

Yes, it is a bailable offence. That means the accused can generally get bail as a matter of right, subject to the usual legal process.

Can a simple slap or minor assault fall under Section 115(2) BNS?▼

Yes, if the act caused hurt in the legal sense. A slap, push, or blow can attract this provision if it leads to bodily pain or similar harm and the act was voluntary.

What is the current law for the offence under Section 115(2) BNS now?▼

Section 115(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 is the current law governing the punishment for voluntarily causing hurt. Except in cases of provocation under Section 122(1) BNS, it punishes the offence with imprisonment up to one year, or a fine up to ten thousand rupees, or both.

Section 115 BNS: Sub-sections Explained

Section 115(1) BNS: Voluntarily causing hurt

▶

Bare Act Text

(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”.

Explained in Simple Words

Section 115(1) of the Bharatiya Nyaya Sanhita (BNS) defines voluntarily causing hurt. In simple terms, it applies when a person intentionally or knowingly causes bodily pain, disease, or infirmity to another person. The act must be voluntary, meaning the accused must mean to cause hurt, or must know that hurt is likely to result from the act.

This provision is relevant in everyday situations such as physical assaults, scuffles, minor beatings, and other acts where injury is caused but the harm is not serious enough to fall under graver offences. It matters because it helps police and courts deal with intentional physical harm at the lower end of criminal injury cases. In practice, it often forms the starting point for deciding whether a matter should stay as a simple hurt case punishable under Section 115(2) BNS or be treated as a more serious offence under other provisions.

Key Ingredients

  • Doing an act with the intention of thereby causing hurt to any person
  • Or doing an act with the knowledge that the doer is likely thereby to cause hurt to any person
  • The act in fact causes hurt to any person

Punishment

🔒 Section 115(1) BNS is a definition sub-section and prescribes no penalty. Punishment for voluntarily causing hurt is enacted under Section 115(2) BNS.

💰 No fine is prescribed in this definition sub-section.

Voluntarily causing hurt is defined under Section 115(1) BNS as doing an act with the intention or knowledge of likely causing hurt and thereby causing hurt. This definitional sub-section prescribes no punishment of its own, as the penalty is provided under Section 115(2) BNS.

Real-World Example

During a confrontation at a market in Jaipur, Ramesh struck Imran across the shoulder with a wooden bat. Ramesh acted with the knowledge that a heavy blow with a wooden bat was likely to cause bodily pain, and the strike caused Imran immediate pain and contusion. Ramesh voluntarily caused hurt as defined under Section 115(1) BNS, punishable under Section 115(2) BNS.

When This Does Not Apply

  • No hurt was actually caused to any person, even though hurt was intended
  • Hurt was caused by accident, without the intention of causing hurt or the knowledge that hurt was likely
  • The act damaged property alone and caused no bodily pain, disease or infirmity to any person

Previous Law

IPC 321 → Section 115(1) BNS

Section 321 IPC is succeeded by Section 115(1) BNS. The definition of voluntarily causing hurt through intention or knowledge of likelihood is enacted as sub-section 1 of Section 115 BNS, while punishment is placed directly in sub-section 2.

Section 115(2) BNS: Punishment for voluntarily causing hurt

▶

Bare Act Text

(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.

Explained in Simple Words

Section 115(2) of the Bharatiya Nyaya Sanhita (BNS) deals with the punishment for voluntarily causing hurt. Except in cases of provocation covered by Section 122(1) BNS, it applies when a person voluntarily causes hurt to another person and prescribes imprisonment of either description for up to one year, or a fine up to ten thousand rupees, or both. In simple terms, this sub-section covers real physical harm that is not severe enough to fall under harsher provisions such as grievous hurt.

This provision is often used in everyday disputes, minor assaults, quarrels, and neighbourhood conflicts. To secure a conviction, the prosecution must show that the accused acted voluntarily and that hurt was actually caused. A mere threat or attempt is not enough.

The provision matters because it gives police and courts a legal route to deal with minor violence without treating every assault as a serious crime. It also helps victims seek accountability where the injury is not life-threatening but still unlawful.

Key Ingredients

  • 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

Punishment

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 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 which may extend to ten thousand rupees, either alone or together with imprisonment.

Voluntarily causing hurt under Section 115(2) BNS, except in the case provided for by Section 122(1) BNS, is punishable with imprisonment of either description up to one year, or fine up to ten thousand rupees, or both.

Real-World Example

Ramesh engaged in a heated argument with Farhan over payment at a vegetable market in Kanpur. In anger, Ramesh slapped Farhan across the face, causing immediate redness and bodily pain. The injury did not cause any fracture, permanent damage, or severe pain lasting fifteen days. Because Ramesh voluntarily caused bodily pain without grave and sudden provocation, Ramesh committed voluntarily causing hurt punishable under Section 115(2) BNS.

When This Does Not Apply

  • The accused voluntarily caused grievous hurt, which is punished under Section 117(2) BNS
  • The hurt was caused on grave and sudden provocation, which is punished under Section 122(1) BNS
  • The hurt was not caused voluntarily, because the accused neither intended to cause hurt nor knew that hurt was likely
  • The act was done in the lawful exercise of the right of private defence under Section 34 to Section 44 BNS

Previous Law

IPC 323 → Section 115(2) BNS

Section 323 IPC is replaced by Section 115(2) BNS. In the Bharatiya Nyaya Sanhita, definition and punishment are consolidated under Section 115(2) 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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·