BNS Section 115 (IPC 323): voluntarily causing hurt
What IPC 323 became, what counts as hurt, why the police send you to a Magistrate, and how the complaint, the one-year limit and a settlement work.
Section 323 of the Indian Penal Code is now section 115(2) of the Bharatiya Nyaya Sanhita, and the definition in old section 321 is section 115(1). Voluntarily causing hurt is punishable with up to one year, or a fine of up to ₹10,000, or both. It is non-cognizable, bailable, triable by any Magistrate, and the person hurt may compound it without the court’s permission. Because it is non-cognizable, the case normally proceeds on a complaint to a Magistrate rather than an FIR.
Punishes voluntarily causing hurt — bodily pain, disease or infirmity. Grievous hurt, hurt with a dangerous weapon, and hurt on provocation each have a section of their own.
- Now
- BNS 115 — Voluntarily causing hurt
- Was
- IPC 321 / 323
- Punishment
- Up to 1 year, or fine up to ₹10,000, or both
- Arrest without warrant
- Non-cognizable
- Bail
- Bailable
- Compounding
- Compoundable
- Tried by
- Any Magistrate
Read this first: Non-cognizable: the police record the information and refer you to the Magistrate (BNSS s. 174). A court cannot take cognizance more than one year after the offence (s. 514).
Several provisions of the Indian Penal Code were folded into one section of the Bharatiya Nyaya Sanhita, landing in its sub-sections. So the new number alone is not the answer — the sub-section is.
| IPC 321 | becomes BNS 115(1) | merged |
|---|---|---|
| IPC 323 | becomes BNS 115(2) | merged |
Key takeaways
- Hurt means bodily pain, disease or infirmity (BNS s. 114); section 115 punishes causing it intentionally or knowingly.
- Non-cognizable: the police record the information and refer you to the Magistrate, and cannot investigate without a Magistrate’s order (BNSS s. 174).
- If a cognizable offence is alleged in the same case — hurt with a weapon, or grievous hurt — the whole case is cognizable (s. 174(4)).
- A court cannot take cognizance more than one year after the offence (s. 514(2)(b)).
- The person hurt can settle the case without the court’s permission, and the settlement acts as an acquittal (s. 359).
What BNS 115 actually requires
Every part below has to be present. This is not a list of factors to be weighed — if one element is missing, the offence is not made out at all, however bad the conduct looks.
- The accused did an act
Any act — a blow, a push, something thrown.
and - Intending to cause hurt, or knowing it was likely
Either state of mind is enough (s. 115(1)). An accident without either is not this offence.
and - And hurt was caused to a person
Bodily pain, disease or infirmity (s. 114). The person hurt need not be the one intended.
and - Not on grave and sudden provocation
Hurt caused on grave and sudden provocation, without intending or knowing it likely to hurt anyone but the person who gave it, falls under section 122(1), with a one-month ceiling.
Broken out from section 115(1), read with the definition of hurt in section 114 and the exception for provocation that section 115(2) makes by reference to section 122(1).
Is BNS 115 bailable, cognizable and compoundable?
Arrest, bail and the court come from the First Schedule to the BNSS; compounding comes from section 359. What follows from each label is given with it.
- ArrestNon-cognizable
The police may not investigate, and may not arrest, without an order from a Magistrate. In practice you go to the Magistrate rather than only to the police station, and an officer who says there is nothing they can do is describing the law correctly rather than refusing you.
- BailBailable
Bail is a right, not a request. The officer in charge or the court must release you on bail once you offer it — there is no discretion to refuse.
- CompoundingCompoundable
May be compounded by the person to whom the hurt is caused. A compromise has the effect of an acquittal (s. 359(8)), and is not allowed where a previous conviction makes the accused liable to enhanced punishment (s. 359(7)).
- Tried byAny Magistrate
Triable by any Magistrate, which in practice means the Judicial Magistrate the case is allotted to locally.
Read from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (printed page 183), and section 359 for compounding.
At the police station
The officer enters the substance of the information in a book and refers you to the Magistrate. The police may not investigate without a Magistrate’s order.
BNSS s. 174(1), (2)
Before the Magistrate
A complaint, oral or written. You and your witnesses are examined on oath; the accused is heard before cognizance is taken.
ss. 2(1)(h), 223(1)
If the Magistrate orders an investigation
Police investigate with the powers they have in a cognizable case, except arrest without a warrant.
s. 174(3)
Exception — the case becomes cognizable
Where at least one offence in the case is cognizable — hurt with a dangerous weapon (s. 118(1)), grievous hurt (s. 117(2)), wrongful restraint (s. 126(2)) — the whole case is deemed cognizable, and the police register and investigate it without a Magistrate’s order (BNSS ss. 173, 174(4)).
From BNSS ss. 2, 173, 174 and 223. The classification of the other offences is from the First Schedule, printed pages 183 and 185.
Punishment for voluntarily causing hurt, against the offences around it
Section 115(2) sets imprisonment of either description for up to one year, or a fine of up to ten thousand rupees, or both. The court may impose a fine alone. There is no minimum. The same injury carries much more if it was caused with a dangerous weapon or means, or if it is grievous hurt — the comparison further down this page sets out where each begins.
- BNS 117(2) — voluntarily causing grievous hurtup to 7 years
- BNS 118(1) — hurt by dangerous weapons or meansup to 3 years
- BNS 115(2) — voluntarily causing hurtthis pageup to 1 year
- BNS 122(1) — hurt on grave and sudden provocationup to 1 month
From the section text. Each of these may also be punished with a fine, and three of them with a fine alone. A maximum is a ceiling, not what a court awards.
What happens, and how long each part takes
- Information at the police stationthe same day
Entered in the station’s book; you are referred to the Magistrate (BNSS s. 174(1)).
- Complaint to the Magistratewithin one year of the offence
Oral or written. The time limit is measured to the day the complaint is filed (ss. 514, 515).
- From here the Magistrate sets the pace
Once the complaint is filed, what happens next — and when — is for the Magistrate. You can attend and be heard; you cannot set the timetable.
Examination on oath, and hearing the accusedbefore cognizanceYou and your witnesses are examined; the accused must be given a chance to be heard (s. 223(1)).
- Inquiry, investigation or dismissalat the Magistrate’s discretion
The Magistrate may inquire or direct an investigation (s. 225), or dismiss the complaint with reasons (s. 226).
- Summons and trialtypically months
A summons issues once the witness list is filed (s. 227); trial as a summons-case, without a formal charge, and possibly summarily (ss. 274, 283(2)).
The one-year limit is the BNSS’s own. No provision fixes how long the trial takes. If a cognizable offence is part of the same case, it starts instead with an FIR (s. 174(4)).
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.
| Offence | Maximum | Arrest / bail | Compounding |
|---|---|---|---|
| Voluntarily causing hurt — 115(2) | 1 year, or ₹10,000 fine, or both | Non-cognizable; bailable | By the person hurt |
| Hurt on grave and sudden provocation — 122(1) | 1 month, or ₹5,000 fine, or both | Non-cognizable; bailable | By the person hurt |
| Hurt by dangerous weapons or means — 118(1) | 3 years, or ₹20,000 fine, or both | Cognizable; non-bailable | Not compoundable |
| Voluntarily causing grievous hurt — 117(2) | 7 years, and fine | Cognizable; bailable | By the person hurt, with the court’s permission |
Grievous hurt under section 116: emasculation; permanent loss of sight of either eye or hearing of either ear; loss of, or permanent impairment of, any member or joint; permanent disfigurement of the head or face; fracture or dislocation of a bone or tooth; or hurt that endangers life or causes fifteen days of severe bodily pain or inability to follow ordinary pursuits. First Schedule, printed pages 183–184; BNSS s. 359.
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: cognizance is barred after that, and the date that counts is the day the complaint is filed (s. 514).
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.
More questions about this page
What is 323 IPC in BNS?▼
Is BNS 115 cognizable or non-cognizable?▼
Can the police register an FIR for BNS 115(2)?▼
Is BNS 115 compoundable?▼
What is the time limit to file a case under BNS 115(2)?▼
What is the difference between hurt and grievous hurt under BNS?▼
Official sources checked
The statutes, rules and regulator pages the statements on this page were checked against.
- Read 13 September 2026. Section 115(1) and (2), the eight kinds of grievous hurt in section 116, and the punishments in sections 117, 118 and 122, from the enacted text.
- Printed page 183 (115(2): non-cognizable; bailable; any Magistrate) and page 184 (122(1)), read by eye.
- Non-cognizable information, complaints to a Magistrate, summons-case trial, compounding, bail and limitation.
- IPC 321 → BNS 115(1) and IPC 323 → BNS 115(2), both merged.
What to do next
A criminal matter is not something to work out from a page, and this one does not pretend otherwise. Whether you are complaining or answering a charge, the next step is a lawyer.
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- NALSA — National Legal Services Authority
- NALSA legal aid helpline (toll-free): 15100
- Your District Legal Services Authority. Every district has one, at the district court, and it is the office that arranges a lawyer.
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Last reviewed September 2026.