Section 115 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with voluntarily causing hurt—the everyday assault offence that covers slaps..., punches, beatings and scuffles that cause bodily pain or injury without amounting to grievous hurt. It brings together two old provisions: the definition in Section 321 IPC and the punishment in the widely cited Section 323 IPC.
What Section 115 BNS provides
- Section -115(1) - the definition: whoever does any act with the intention of causing hurt to any person, or with the knowledge that the act is likely to cause hurt, and does thereby cause hurt, is said to voluntarily cause hurt. This was Section 321 IPC.
- Section- 115(2) - the punishment: imprisonment of either description for a term which may extend to one year, or fine which may extend to ten thousand rupees, or both. This was Section 323 IPC.
"Hurt" itself means bodily pain, disease or infirmity caused to any person; it is defined in Section 114 BNS. More serious injuries - fractures, permanent damage, injuries endangering life - fall under the separate offence of grievous hurt, which carries higher punishment.
The essentials in plain language
Three things make out the offence: an act, an intention to cause hurt or knowledge that hurt is likely, and actual hurt caused. Accidental injury without intention or knowledge is not covered, and mere verbal abuse or a threat without physical hurt does not fall under this section. Because the injury is minor by definition, these cases commonly arise from neighbourhood quarrels, domestic altercations and street fights, often alongside other charges.
How a case under Section 115(2) proceeds
The offence is non-cognizable and bailable, triable by any Magistrate. Non-cognizable means the police do not register a regular FIR or arrest without a warrant on their own authority; the usual route is a complaint before the Magistrate, or police action with the Magistrate's permission. Being bailable, an accused person is entitled to be released on bail as a matter of course.
What changed from the IPC
The offence is unchanged in substance. The BNS merges the IPC's separate definition (Section 321) and punishment (Section 323) into a single section with two sub-sections. The punishment term remains one year, while the fine ceiling rises from the IPC's one thousand rupees to ten thousand rupees. Case law under Sections 321 and 323 IPC continues to apply. Offences committed before 1 July 2024 remain under the IPC numbers.
Caught in an assault case, as complainant or accused? Even minor-injury cases turn on the medical record and the first complaint. Talk to a criminal lawyer in your city or browse advocates in the Free Law directory.