Bharatiya Nyaya Sanhita, 2023
Section 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.
Why this exists
This provision continues a long tradition in Indian criminal law, tracing back to the Indian Penal Code, 1860 (sections 319–323), which distinguished between simple 'hurt' and more serious 'grievous hurt.' The Bharatiya Nyaya Sanhita, 2023 reorganizes and renumbers this framework while keeping the core idea: punishing intentional or knowing acts that cause bodily pain or harm, while reserving harsher punishment for more serious or aggravated forms of hurt found elsewhere in the code.
How courts read it
Under the equivalent older provisions, courts have generally held that 'hurt' means causing bodily pain, disease, or infirmity — even minor or temporary pain qualifies. Courts have also clarified that voluntariness requires either an intention to cause hurt or knowledge that hurt is a likely result of one's act; a purely accidental injury without such intention or knowledge does not fall under this section. Courts have distinguished simple hurt under this kind of provision from more serious offences like grievous hurt or hurt caused by dangerous weapons, which attract separate, harsher provisions.
Common misconceptions
- Myth: This section only applies if a weapon like a knife or stick is used.
Fact: No weapon is required. Any deliberate or knowing act that causes bodily pain — even a slap or push — can count as 'voluntarily causing hurt' under this section. - Myth: This section covers serious injuries like broken bones or permanent disability.
Fact: Serious injuries fall under separate provisions for 'grievous hurt.' This section is meant for simple, less severe hurt.