BNS Section 115 : Voluntarily Causing Hurt
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.
Definition of BNS Section 115
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.
Explanation and Illustration of Section 115 (Bharatiya Nyaya Sanhita, 2023)
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.
- Intent: The act must be done voluntarily, meaning there is an intention to cause hurt or an awareness that such hurt is likely to occur
- Nature of Hurt: This includes causing bodily pain, inflicting disease, or impairing the body’s normal functioning
- Punishment: The punishment for voluntarily causing hurt typically includes:
- Imprisonment (which may extend up to 1 year)
- A fine (which may extend up to ₹10,000), or
- Both imprisonment and fine.
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.
Key Points in Section 115
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:
Resulting Injury: The action must lead to actual hurt to another individual.
Punishment for Voluntarily Causing Hurt:
General Punishment: A person who voluntarily causes hurt, unless covered by special circumstances under Section 120, is subject to:
Exception: The section excludes cases under Section 120(1), which likely addresses specific provisions for certain types of hurt.
Differences Between Section 115 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 115 and its equivalent Indian penal code 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). |
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FAQs about Section 115 of the Bharatiya Nyaya Sanhita (BNS)
What must be proven for a person to be guilty under Section 115?
The person must have either intended to cause harm or known that their actions would likely cause harm, and their actions must have resulted in actual physical injury.
Is it necessary to have intent for someone to be guilty under this section?
Yes, the offense can either be intentional or based on the knowledge that harm is likely, making both intent and knowledge key elements.
What type of punishment does Section 115 prescribe?
The punishment for voluntarily causing hurt includes imprisonment for up to one year, a fine of up to ₹10,000, or both.
Are there exceptions to the punishment under Section 115?
Yes, an exception exists under Section 122(1) if the hurt was caused by 'grave and sudden provocation' with lesser penalties
What is the difference between voluntary and accidental harm?
Voluntary harm involves intention or knowledge of the likely harm, while accidental harm occurs without any intent or prior knowledge.
Does the hurt need to be severe to be punishable under Section 115?
No, even minor injuries caused intentionally or knowingly can result in a punishment under this section.
