Hurt and Voluntarily Causing Hurt Under the BNS (Section 115): IPC 323 Mapping (2026)
What hurt and voluntarily causing hurt mean under Sections 114 and 115 of the Bharatiya Nyaya Sanhita, 2023, how they map to Sections 319, 321 and 323 of the old IPC, and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
Voluntarily causing hurt is an offence under Section 115 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Hurt itself is defined in Section 114 as bodily pain, disease or infirmity. The offence carries forward Sections 319, 321 and 323 of the old IPC. The punishment is imprisonment of up to one year, or a fine of up to Rs 10,000, or both. Last verified October 2026.
- What it is: voluntarily causing hurt, meaning causing bodily pain, disease or infirmity, under BNS Section 115 (hurt is defined in Section 114).
- Old law: IPC Section 319 (hurt), Section 321 (voluntarily causing hurt) and Section 323 (punishment).
- Punishment: imprisonment up to one year, or a fine up to Rs 10,000, or both.
- Classification: non-cognizable, bailable, triable by any Magistrate, and generally compoundable.
01The problem this section answers
A slap, a shove, a punch in a quarrel: these are everyday complaints at every police station in India. The law needs a clear line for simple bodily harm that is real but not serious, and a heavier line for serious injury.
That lighter line is Section 115, voluntarily causing hurt. Serious injury is dealt with as grievous hurt under Section 117. Getting the right head is important, because the punishment and the way the case is handled are very different.
02What BNS Sections 114 and 115 cover
The BNS deals with hurt in two steps.
Section 114 defines hurt. Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. This is a wide definition, so even temporary pain can count.
Section 115 is the offence of voluntarily causing hurt. Section 115(1) says a person voluntarily causes hurt when he does an act with the intention of causing hurt, or with the knowledge that he is likely to cause hurt, and does thereby cause hurt to any person. Section 115(2) sets the punishment.
Hurt versus grievous hurt
Hurt is ordinary bodily harm. Grievous hurt is a defined, more serious list, such as a fracture, loss of sight or hearing, or harm that endangers life. If the injury falls in that list, the right section is 117, not 115. See our explainer on grievous hurt under BNS Section 117.
Where hurt is caused by a dangerous weapon, by poison, or in some other aggravated way, the BNS provides a separate, heavier offence, so Section 115 is for the simple case.
03IPC 319, 321 and 323 to BNS mapping
The old Indian Penal Code set out hurt across three sections. The BNS keeps the same scheme, renumbered.
| Old law (IPC, 1860) | New law (BNS, 2023) | What it does |
|---|---|---|
| Section 319 | Section 114 | Defines hurt |
| Section 321 | Section 115(1) | Defines voluntarily causing hurt |
| Section 323 | Section 115(2) | Punishment for voluntarily causing hurt |
So the search term "section 323 IPC in BNS" points to Section 115(2). For the full renumbering, see our IPC to BNS section mapping.
04Punishment, cognizable and bailable
Whoever 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 (Section 115(2)).
- Maximum imprisonment: one year.
- Fine: up to Rs 10,000.
- Cognizable or not: non-cognizable, so the police generally need a magistrate’s order to investigate.
- Bailable or not: bailable.
- Triable by: any Magistrate, and it is a compoundable offence that the person hurt can settle with the accused.
05What changed from the old law
The elements of the offence are carried over from the old IPC almost word for word. The practical change is the fine. Under old IPC Section 323, the fine for voluntarily causing hurt could extend to Rs 1,000. Under BNS Section 115(2), it can extend to Rs 10,000.
Simple hurt is the same offence it always was. The main change is the maximum fine, which rises from one thousand rupees to ten thousand.
The one year maximum imprisonment stays the same, and the offence remains a minor, compoundable one in most cases. A case for an act before 1 July 2024 continues under the IPC, while a complaint for an act on or after that date uses BNS Section 115.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Hurt is one of the most frequently charged offences, often added to a larger first information report, and it is litigated through trial, compounding and quashing. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. You can follow a live matter and get cause lists and WhatsApp and email alerts before each hearing. To search this offence across the court system, start with case search across Indian courts.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not use customer case documents to train AI models.
07Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Bare text of BNS Section 115: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still being read by the courts, so check the current text and take advice from counsel on your own facts.
08Frequently asked questions
What is Section 115 of the BNS?
Section 115 of the Bharatiya Nyaya Sanhita, 2023 is the offence of voluntarily causing hurt. A person commits it when he acts with the intention or knowledge of causing hurt and does cause hurt, where hurt means bodily pain, disease or infirmity as defined in Section 114.
Which IPC section is now BNS Section 115?
BNS Section 115 replaces Sections 321 and 323 of the Indian Penal Code, which defined and punished voluntarily causing hurt. The definition of hurt that was Section 319 is now Section 114.
What is the punishment for voluntarily causing hurt under the BNS?
Imprisonment up to one year, or a fine up to Rs 10,000, or both, under Section 115(2). The imprisonment is the same as under old IPC Section 323, but the maximum fine has risen from Rs 1,000 to Rs 10,000.
Is voluntarily causing hurt a bailable offence?
Yes, it is treated as a non-cognizable and bailable offence, triable by any Magistrate, and it is generally compoundable so the person hurt can settle with the accused. Confirm the position against the current First Schedule of the Bharatiya Nagarik Suraksha Sanhita.
What is the difference between hurt and grievous hurt?
Hurt is ordinary bodily harm under Section 115. Grievous hurt is a defined, more serious category, such as a fracture or loss of sight, and is dealt with under Section 117, which carries a much heavier punishment.
Can I find hurt cases in Claw?
Yes. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. It helps you research and follow matters, but it does not give legal advice.