Section 115: Voluntarily Causing Hurt

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 323 IPC

Legal Commentary & Landmark Judgments: Section 115

Section 115 penalizes voluntarily causing hurt, providing imprisonment of either description for a term which may extend to one year, or fine up to ten thousand rupees, or both.

  • Voluntary Infliction: The person does the act with the intention of causing hurt, or with the knowledge that they are likely to cause hurt.
  • Simple Hurt Scope: Covers slaps, punches, blows with light sticks, or pushing causing bodily pain.
  • Bailable & Compoundable Offence: Classified as a non-serious offence compoundable between the parties under procedural codes.
Key Landmark Precedents:
  • State of Rajasthan v. Kashi Ram (2006) 12 SCC 254: Examined simple hurt vs grievous hurt, affirming that intention must be evaluated by the nature of the blows and physical outcome.
  • Pappu v. State of M.P. (2006) 7 SCC 391: Reiterated that simple hurt inflicted during sudden altercations warrants compounding or nominal sentencing.
Courtroom Practice & Strategic Litigation Guidance:

In mutual clash cross-cases where both sides suffered simple injuries, move a joint application for compounding under Section 359 BNSS: Section 115 BNS offences can be settled across the table, terminating all criminal proceedings.