Understanding Section 115 of the Bharatiya Nyaya Sanhita (BNS), 2023: Volun

The Bharatiya Nyaya Sanhita (BNS), 2023, is India’s modern criminal code, replacing the colonial-era Indian Penal Code (IPC) of 1860. One of the fundamental offenses in criminal law is “hurt”, now codified under Section 115 of the BNS. This section deals with the offense of voluntarily causing hurt, which was earlier covered under Section 321 of the IPC. Let us break down the provision for better understanding, especially from a student and legal aspirant’s perspective.

Definition under Section 115(1), BNS: What is “Voluntarily Causing Hurt”?

Section 115(1) of BNS, 2023 states:

“Whoever voluntarily causes hurt shall be punished as per the provisions of this section.”

But what exactly is “hurt”?

As per Clause 2(1)(o) of the BNS, the term “hurt” means causing bodily pain, disease, or infirmity to any person. The term “voluntarily” implies that the act was done with intention or with knowledge that such an act is likely to cause hurt.

In simple terms, if person A slaps person B, intending to hurt or knowing that the slap will cause pain, it qualifies as voluntarily causing hurt.

Essential Ingredients of Section 115(1)

To constitute the offense under this section, the following elements must be present:

1. There must be hurt – bodily pain, disease, or infirmity.
   
   

2. The hurt must be caused voluntarily, i.e., with:
   
   

   • Intention to cause hurt, or
     
     

   • Knowledge that the act is likely to cause hurt.
     
     

3. There must be a direct link between the act of the accused and the resulting hurt.
   
   

Exception Clause: Reference to Section 122(1), BNS

Section 115 is subject to exceptions, particularly Section 122(1) of the BNS, which talks about:

“Act done in good faith for the benefit of a person, with consent.”

This means, if a person causes hurt while acting in good faith and with the consent of the victim—for example, a doctor giving an injection that causes pain—it does not amount to an offense under Section 115.

Example under Exception:

A doctor performs minor surgery with the patient’s consent. Although it causes pain (hurt), it is not punishable, as it was done:

• For the benefit of the patient,
  
  

• In good faith,
  
  

• With the patient’s consent.
  
  

Punishment under Section 115(2), BNS

The law takes voluntary hurt seriously, but it distinguishes it from more grievous forms of injury.

Sub-section (2) prescribes the punishment as:

“Imprisonment of either description for a term which may extend to one year, or with fine up to ten thousand rupees, or with both.”

Explanation:

• “Imprisonment of either description” means simple or rigorous imprisonment depending on the nature of the act.
  
  

• Fine is monetary punishment.
  
  

• The court has the discretion to impose either imprisonment, fine, or both, depending on the facts of the case.
  
  

This is categorized as a less serious or bailable offense, unless aggravated by other factors (e.g., use of weapons, repeated offense, etc.).

Illustrations for Better Understanding

1. Illustration A:
   
   

   • A punches B in the face during a heated argument, causing swelling and pain.
     
     

   • Offense committed under Section 115 — voluntarily causing hurt.
     
     

2. Illustration B (Exception):
   
   

   • A gives consent to B (a traditional healer) to perform a painful ritual treatment.
     
     

   • Since it's done with consent and in good faith, it falls under Section 122(1) – no offense.
     
     

3. Illustration C:
   
   

   • A parent disciplines their child mildly, causing momentary pain.
     
     

   • If done without cruelty or malice, courts may apply exception based on intention and good faith.
     
     

Comparative Analysis: BNS vs IPC

Aspect

Section 115, BNS (2023)

Section 321, IPC (1860)

Language

Updated and simplified

Archaic legal language

Definition

Maintains similar scope

Identical concept of “voluntarily causing hurt”

Exceptions

Explicit reference to Section 122

Implied through general exceptions (Chapter IV of IPC)

Punishment

1 year or ₹10,000 fine or both

Same punishment: 1 year or fine or both

Note: The legal essence remains unchanged; however, the BNS adopts a more modern structure and simplifies references.

Legal Commentary and Practical Implications

Why Is This Section Important?

Section 115 is one of the most invoked provisions in criminal cases involving physical altercations, minor assaults, domestic abuse, and street fights. It's often the starting point for evaluating the severity of violence in a case.

Judicial Interpretation:

Indian courts have emphasized the intention and knowledge behind causing hurt. In numerous cases, courts have observed that:

• Even temporary pain is enough to qualify as hurt.
  
  

• Motivation, such as provocation or self-defense, can influence sentencing or may lead to acquittal.
  
  

Practical Tip for Legal Aspirants:

When analyzing such cases, always ask:

• Was there intention or knowledge?
  
  

• Was the act consensual or done in good faith?
  
  

• Is the case fit for compounding or settlement?
  
  

This approach helps in framing both prosecution and defense arguments.

Conclusion: Learning from Section 115, BNS

Section 115 of the Bharatiya Nyaya Sanhita, 2023, is an essential building block of criminal law education. While it may seem straightforward, understanding its nuances is vital for every aspiring lawyer. The distinction between hurt and grievous hurt, intention and accident, and crime and consensual harm will often be tested in practical legal scenarios.