Section 115 BNS
Section 115 BNS or Section 115 of Bharatiya Nyaya Sanhita talks about “Voluntarily causing hurt.“
Section 115 BNS is part of CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY in Bharatiya Nyaya Sanhita 2023 Act
Definition of Section 115 BNS
115. 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 120 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.
Here is a comprehensive explanation of Section 115 of the Bharatiya Nyaya Sanhita (BNS), 2023:
✅ BNS Section 115 – Voluntarily Causing Hurt (Explained in English)
📜 Definition:
Section 115 of the Bharatiya Nyaya Sanhita (BNS) defines and penalizes the act of voluntarily causing hurt:
Clause (1) – A person is said to “voluntarily cause hurt” if:
- He does any act with the intention to cause hurt, or
- He knows that his act is likely to cause hurt, and
- Actually causes hurt to someone by that act.
Clause (2) – The punishment (unless the act falls under Section 120(1), which covers more serious hurt like using dangerous weapons) includes:
- Imprisonment up to 1 year, or
- Fine up to ₹10,000, or
- Both imprisonment and fine
🧠 Main Ingredients (Key Essentials to Attract Section 115 BNS):
- Act done voluntarily
- Intention or knowledge of causing hurt
- Hurt must be actually caused
- The act should not fall under Section 120(1) (which includes grievous hurt by dangerous means)
👮 How Police Use Section 115 BNS:
- Police register cases under this section in minor assault situations, domestic fights, neighborhood disputes, road rage, etc.
- It’s often used alongside other sections like criminal intimidation (BNS 232), trespass (BNS 328), or wrongful restraint (BNS 131).
- Police may arrest without warrant if FIR is registered, especially if there are injuries and eye-witnesses.
- Sometimes, it’s used strategically in cross FIRs by both parties in a dispute.
⚖️ How a Good Lawyer Like Advocate Sudhir Rao Can Help You:
Advocate Sudhir Rao, having in-depth experience with BNS and assault-related cases, can:
- Challenge the intention or knowledge clause, arguing that there was no mens rea (guilty mind).
- Establish that the alleged hurt was not caused by the accused, or was accidental/self-defense.
- Bail application & anticipatory bail, if arrest is apprehended.
- Get the case quashed under Section 482 CrPC, especially in false or exaggerated allegations.
- Negotiate compounding of the offence, since Section 115 is a compoundable offence with permission of court.
His subtle and strategic legal approach ensures that even during police investigation or court trial, your rights remain protected without escalating the matter unnecessarily.
🛡️ If You Are the Accused – What to Do:
- Do not panic or argue with police. Politely ask for copy of FIR.
- Collect medical reports, CCTV footage, witnesses that can prove your innocence or self-defense.
- Contact a defense lawyer immediately – Advocate Sudhir Rao can advise if anticipatory bail is needed.
- Do not try to settle privately with the complainant without consulting your lawyer – it can backfire.
📌 If You Are the Complainant – What to Keep in Mind:
- Immediately file FIR and obtain MLC (Medico-Legal Certificate).
- Clearly mention date, time, place, and nature of injuries and how they were caused.
- If injuries are visible, take photos and record videos for evidence.
- Stay in touch with a reliable lawyer like Advocate Sudhir Rao to ensure that police take proper action and do not dilute the case.
📚 Most Searched FAQs :
❓ Is Section 115 BNS bailable or non-bailable?
✅ Bailable – The accused has a right to apply for bail, and it is generally granted unless there are aggravating factors.
❓ Is Section 115 compoundable?
✅ Yes, it is compoundable – the complainant can agree to withdraw charges with court’s permission.
❓ What’s the punishment under Section 115 BNS?
➡️ Imprisonment up to 1 year, or
➡️ Fine up to ₹10,000, or
➡️ Both
❓ Can I get arrested under Section 115 BNS?
➡️ While bailable, police can arrest without warrant if immediate action is deemed necessary, especially during heated disputes. Advocate Sudhir Rao advises that it’s best to apply for anticipatory bail in advance if you expect a complaint.
❓ What if it was self-defense?
➡️ If you acted in good faith and proportionately to defend yourself, it’s a valid legal defense. An experienced lawyer like Advocate Sudhir Rao can help prove this through evidence and case law.
🧩 Final Advice:
Section 115 BNS, while dealing with “minor hurt”, can still have serious social and legal consequences. Even a slap or shove can attract charges if proven intentional. Whether you’re a victim seeking justice or someone who is falsely implicated, timely legal action and expert guidance from professionals like Advocate Sudhir Rao can make a big difference.
