IPC 323 (now BNS 115): voluntarily causing hurtधारा 323 IPC (अब BNS 115): स्वेच्छा से चोट पहुँचाना

Simple hurt or grievous hurt? Where BNS 115 ends

Section 115 is the base offence. Hurt caused with a dangerous weapon or means is punished under section 118(1) instead, and hurt on grave and sudden provocation under section 122(1). Grievous hurt is a closed list of eight kinds in section 116, and section 117 applies only where the accused both intended or knew they were likely to cause grievous hurt and actually caused it. The weapon used can move the same injury from a non-cognizable, bailable offence to a cognizable, non-bailable one.

If someone hurt you: the police station, then the Magistrate

At the police station, the officer must enter the substance of what you say in a book and refer you to the Magistrate (BNSS s. 174(1)). That is the law, not a refusal: police may not investigate a non-cognizable case without a Magistrate’s order (s. 174(2)). If you also allege a cognizable offence — a weapon was used, or a bone was broken — the whole case is cognizable and an FIR follows (s. 174(4)).

A complaint to the Magistrate may be oral or written (s. 2(1)(h)). The Magistrate examines you and any witnesses on oath, and must give the accused a chance to be heard before taking cognizance (s. 223(1)). The Magistrate may then inquire or direct an investigation (s. 225), dismiss the complaint with reasons (s. 226), or issue a summons once you have filed a list of prosecution witnesses (s. 227). File within a year if you can: that is the ordinary limitation period (s. 514(2)(b)), and the date that counts is the day the complaint is filed under section 223, not the later day the Magistrate takes cognizance (s. 514, Explanation). The earlier entry in the station book under section 174 does not stop the clock; only information recorded under section 173 would, which happens where the case is cognizable (s. 174(4)). It is not absolute. Time may start later where the offence or the offender was not known (s. 515); time spent on a prosecution in a court without jurisdiction, under a stay, or while the offender was abroad or absconding is excluded (s. 516); a deadline falling on a court holiday moves to the day it reopens (s. 517); a continuing offence starts a fresh period (s. 518); and a court may take cognizance late where the delay is properly explained or the interests of justice require it (s. 519).

If you have been accused: the procedure and your rights

A person accused only of a non-cognizable offence may not be arrested except under a warrant or order of a Magistrate (BNSS s. 35(2)). The exception is refusing, in an officer’s presence, to give a true name and residence — and release on a bond follows once they are known (s. 39). On a complaint, the Magistrate must give you an opportunity to be heard before taking cognizance (s. 223(1)).

If summoned, the case runs as a summons-case: the particulars of the accusation are stated and you are asked whether you plead guilty or have a defence, without a formal charge; if the Magistrate finds the accusation groundless, you are released with the effect of a discharge (ss. 2(1)(x), 274). The offence is bailable, so a person who offers bail must be released (s. 478(1)). The Magistrate may choose to try the case summarily, after hearing you (s. 283(2)). Free legal aid is available to those who qualify under the Legal Services Authorities Act.