Code: Section 115 BNS
Voluntarily Causing Hurt
(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 of Section 115 BNS
Section 115 of the BNS defines “voluntarily causing hurt” as an act where an individual:
- Intends to cause hurt to another person; or
- Knows that their action is likely to cause hurt to another person;
and as a result, does cause hurt to that person.
The punishment for voluntarily causing hurt, except in cases provided for by sub-section (1) of section 122, includes:
- Imprisonment of either description for a term which may extend to one year; or
- Fine which may extend to ten thousand rupees; or
- Both imprisonment and fine.
Illustrations
Example 1: Intentional Harm
A, during an argument, punches B in the face, intending to cause pain. B suffers a bruise.
In this scenario, A has voluntarily caused hurt to B and is liable to punishment under Section 115.
Example 2: Reckless Behavior
C throws a stone into a crowd, knowing it is likely to hit someone. The stone hits D, causing injury.
Here, C’s knowledge that the act was likely to cause hurt, combined with the resulting injury to D, makes C liable under Section 115.
Common Questions and Answers on Section 115 BNS
1. What constitutes “hurt” under Section 115?
Hurt refers to causing bodily pain, disease, or infirmity to another person.
2. Is intention necessary to be punished under Section 115?
Not necessarily. Even if there is no intention, knowledge that the act is likely to cause hurt suffices for liability under this section.
3. What is the maximum punishment under Section 115?
The maximum punishment is imprisonment for up to one year, or a fine up to ten thousand rupees, or both.
Conclusion
Section 115 of the Bharatiya Nyaya Sanhita ensures accountability for individuals who intentionally or knowingly cause hurt to others. By defining the offense and stipulating clear penalties, this provision upholds the protection of individuals from bodily harm.
