BACK TO SECTIONSAIR 1956 SC 460
BailableCognizable: Non-CognizableAny Magistrate
Reform Highlights
1
Renumbered from IPC 319/323 to BNS 115.
2
Non-cognizable status preserved.
3
Read with BNS 116 (grievous hurt) for the full spectrum of physical injury offences.
THE STATUTE
The Clause
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'.
Legal Commentary
Section 115 is the foundational provision for physical assault that falls short of grievous hurt. 'Hurt' is defined broadly — any bodily pain, disease, or infirmity, however temporary. A slap that causes a bruise, a punch that produces swelling — all constitute hurt. The essential elements are: (1) an intentional act, (2) intent to cause hurt or knowledge that hurt is likely, and (3) actual hurt resulting. Simple hurt (BNS 115) is distinguished from grievous hurt (BNS 116) by severity: broken bones, permanent disfigurement, deep cuts, limb loss, and injuries endangering life are grievous. The distinction matters enormously in sentencing — simple hurt carries maximum one year, while grievous hurt carries up to seven years. In domestic violence cases, Section 115 is frequently charged alongside the Protection of Women from Domestic Violence Act 2005. The non-cognizable status means police have limited powers of arrest — a deliberate legislative choice to prevent this provision being weaponised in every neighbourhood dispute.
Landmark Precedents
Gurucharan Singh v. State of Punjab (1956)
RELEVANCE
Voluntarily causing hurt requires intent or knowledge to cause hurt — accidental injury during a lawful act does not constitute the offence under BNS 115.
Case Simulations
"A shopkeeper who slaps a customer during an argument — voluntarily causing hurt under BNS 115."
"Two people who mutually get into a fistfight — both may be charged under BNS 115."
"A person who pushes a colleague on a staircase causing them to fall, knowing it was dangerous — voluntarily causing hurt under the knowledge limb."
Expert Insights
A slap causing pain is hurt under BNS 115, but the offence is non-cognizable — police cannot register an FIR and arrest without a magistrate's direction. You must approach a Magistrate and file a private complaint. If the slap is part of a pattern of domestic violence, the PWDVA framework provides faster relief.
For Section 115, the act must be voluntary — done with intention or knowledge of likely hurt. An accidental collision causing pain, without any intent, does not constitute this offence.