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Section 115 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of voluntarily causing hurt, making it a criminal act to intentionally or knowingly inflict physical harm on another person.
Section 115 of the BNS 2023 States:
(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.
This section ensures that individuals who deliberately cause physical harm to others are held legally accountable. The severity of the punishment depends on the circumstances and extent of the injury. This provision is intended to deter individuals from committing acts of physical harm and maintain social order.
Illustration:
Imagine Person A is angry at Person B and hits them with a stick. A knows that hitting B with a stick will likely cause injury. As a result, B is hurt. In this case, Person A has voluntarily caused hurt to Person B, and they could be punished under Section 115. The punishment may be up to one year in jail, a fine of up to ten thousand rupees, or both.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
The section covers both acts of direct intent to cause injury and those performed with awareness that harm is likely to result. This law aims to protect individuals from any form of bodily injury or suffering caused by others, whether the harm is severe or minor.
By establishing clear penalties, including imprisonment or fines, Section 115 ensures accountability for actions that result in physical harm, helping to safeguard public safety and well-being. It highlights the importance of personal responsibility and aims to reduce instances of intentional violence and recklessness. The section also provides exceptions, such as cases of provocation, which may lead to lesser penalties
Definition of 'Voluntarily Causing Hurt':
Act and Intent: A person is considered to 'voluntarily cause hurt' if they engage in an action:
This section outlines the key differences between Section 115 of BNS and its equivalent IPC section 321 to 323 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
---|---|---|---|
115 (1) | Voluntarily causing hurt | 321 | No Change except IPC section is included as subsection in BNS |
115 (2) | Punishment for voluntarily causing hurt. | 323 | Section is included as sub-section in BNS sans heading. Fine is increased (which may extend to ten thousand rupees). |
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
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