Section 115 BNS: Voluntarily causing hurt

The Bharatiya Nyaya Sanhita (BNS), 2023 represents a significant reform in India's criminal law replacing the Indian Penal Code (IPC) of 1860. Among its provisions Section 115 BNS addresses the offence of voluntarily causing hurt. The section outlines the legal framework for acts where an individual intentionally or knowingly causes harm to another person. Understanding Section 115 BNS is crucial for legal professionals and the general public alike, as it delineates the boundaries of lawful conduct concerning personal harm. Explore other important Judiciary Notes.

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Section 115 BNS

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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Section 115 BNS defines and penalizes the act of voluntarily causing hurt. The term "hurt" refers to causing bodily pain, disease, or infirmity to another person. The section is divided into two sub-sections:

• Sub-section (1) : Establishes the definition of voluntarily causing hurt. It encompasses actions done with the intention or knowledge that they are likely to cause harm, resulting in actual hurt to another person.
   
• Sub-section (2): Prescribes the punishment for such acts, which includes imprisonment for up to one year, a fine up to ten thousand rupees, or both. This sub-section excludes cases covered under sub-section (1) of Section 122, which deals with acts committed under grave and sudden provocation.

Section 115 BNS : Essential Elements

To establish an offence under Section 115 BNS, the following elements must be proven:

• Actus Reus (Guilty Act): An act that causes hurt to another person.
• Mens Rea (Guilty Mind): The act must be done with the intention to cause hurt or with the knowledge that it is likely to cause hurt.
• Causation: There must be a direct link between the act and the hurt caused.
• Exclusion Clause: The act should not fall under the exceptions provided in Section 122(1), which pertains to acts committed under grave and sudden provocation.

• Cognizability: Non-cognizable offence; police cannot arrest without a warrant.
• Bailability: Bailable offence; the accused has the right to be released on bail.
• Triable by: Any Magistrate.
• Compoundability: Compoundable offence; the victim and the accused can settle the matter out of court with permission from the court.

Comparison with New BNS Section and Old IPC Section

Before BNS, similar conduct was covered under Section 323 of Indian Penal Code (IPC). The transition to Section 115 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Aspect	IPC Section 323	BNS Section 115
Definition	Voluntarily causing hurt	Voluntarily causing hurt
Punishment	Up to 1 year imprisonment or fine or both	Up to 1 year imprisonment or fine up to ₹10,000 or both
Cognizability	Non-cognizable	Non-cognizable
Bailability	Bailable	Bailable
Triable by	Any Magistrate	Any Magistrate
Compoundability	Compoundable	Compoundable

Section 115 BNS : Judicial Interpretation

While Section 115 BNS is a recent enactment, its interpretation is expected to align with precedents set under IPC Section 323. Courts have consistently held that for an act to constitute voluntarily causing hurt, there must be clear evidence of intention or knowledge leading to bodily harm. The burden of proof lies on the prosecution to establish these elements beyond reasonable doubt.

Section 115 BNS : Landmark Cases

The landmark judgments relating to this section are as under -

• State of Rajasthan v. Ram Kailash: The Supreme Court emphasized the necessity of proving intention or knowledge to establish the offence of voluntarily causing hurt.
• K. D. Gaur v. State of Haryana: The court held that minor scuffles without substantial evidence of intention to cause hurt do not attract Section 323 IPC.
• Ramesh Chandra v. State of Uttar Pradesh: The High Court ruled that mere verbal altercations without physical harm do not constitute an offence under Section 323 IPC.
• Shiv Kumar v. State of Madhya Pradesh: The court clarified that the presence of medical evidence corroborating the injury is essential for conviction under Section 323 IPC.
• Lal Bahadur v. State of Bihar: The judgment highlighted that the absence of motive or enmity weakens the prosecution's case in offences under Section 323 IPC.

Section 115 BNS : Impact

The introduction of Section 115 BNS modernizes the legal framework concerning minor assaults . By specifying the punishment and clarifying the elements of the offence it aims to deter individuals from engaging in acts that cause harm to others . The provision also facilitates quicker resolution of minor disputes through its compoundable nature, reducing the burden on the judiciary .

Conclusion

Section 115 BNS serves as a crucial provision in addressing offences related to voluntarily causing hurt . By defining the offence clearly and prescribing appropriate punishment it upholds the principles of justice and deterrence . Its alignment with the previous IPC provisions ensures continuity in legal interpretation while its modernized language and structure reflect the evolving needs of society . Understanding this section is essential for legal practitioners .