BNS Section 115: Voluntarily Causing Hurt
Section 115 of the Bharatiya Nyaya Sanhita, 2023 defines when a person is said to voluntarily cause hurt and provides the general punishment for that offence. It must be read with Section 114 BNS, which defines hurt as bodily pain, disease or infirmity.
Current legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 115 came into force on July 1, 2024.
Text of Section 115 of the Bharatiya Nyaya Sanhita, 2023
115. Voluntarily causing hurt.
(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".
(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.
The official text can be verified through India Code - Bharatiya Nyaya Sanhita, 2023. The Ministry of Home Affairs also provides the official New Criminal Laws page.
Meaning of voluntarily causing hurt
Section 115(1) contains both a mental element and a result requirement. A person must do an act:
- with the intention of causing hurt; or
- with knowledge that the act is likely to cause hurt;
- and the act must actually cause hurt to a person.
The definition of hurt is found in Section 114 BNS, which covers bodily pain, disease or infirmity.
Punishment under Section 115(2) BNS
| Imprisonment | Imprisonment of either description for a term which may extend to one year. |
|---|---|
| Fine | Fine which may extend to Rs. 10,000. |
| Alternative | The Court may impose imprisonment, fine, or both, subject to the applicable law and facts. |
Exception for grave and sudden provocation - Section 122(1)
Section 115(2) expressly excludes the case provided for by Section 122(1). Section 122(1) separately deals with voluntarily causing hurt on grave and sudden provocation where the offender neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation.
Under Section 122(1), the punishment is imprisonment which may extend to one month, or fine which may extend to Rs. 5,000, or both.
Is Section 115(2) BNS bailable?
| Cognizable | No. The general Section 115(2) offence is non-cognizable. |
|---|---|
| Bailable | Yes. |
| Triable by | Any Magistrate. |
This procedural classification appears in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The official BNSS text can be accessed through India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.
Section 115 and grievous hurt under Sections 116 and 117
Section 115 deals with voluntarily causing hurt. By contrast, Section 116 BNS identifies the specific kinds of hurt that are legally designated as grievous hurt, while Section 117 BNS deals with voluntarily causing grievous hurt and provides substantially higher punishments in the cases specified there.
Related provisions involving hurt
| Section 114 | Defines hurt. |
|---|---|
| Section 116 | Defines grievous hurt. |
| Section 117 | Voluntarily causing grievous hurt. |
| Section 118 | Voluntarily causing hurt or grievous hurt by dangerous weapons or means. |
| Section 119 | Hurt or grievous hurt to extort property or constrain a person to an illegal act. |
| Section 120 | Hurt or grievous hurt to extort confession or compel restoration of property. |
Frequently asked questions
What does Section 115 BNS mean?
It defines voluntarily causing hurt as intentionally causing hurt, or knowingly doing an act likely to cause hurt, where hurt is in fact caused.
What is the maximum punishment under Section 115(2)?
Imprisonment may extend to one year, fine may extend to Rs. 10,000, or both may be imposed.
Is Section 115(2) cognizable?
No. Under the BNSS First Schedule, the general offence under Section 115(2) is non-cognizable.
Is Section 115(2) bailable?
Yes. It is bailable and triable by any Magistrate.
This page is intended as a general legal reference. The applicable offence and punishment depend on the nature of the injury, the alleged intention or knowledge, the circumstances, any applicable exception, and binding judicial decisions.