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BNS Section 115

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 115

Voluntarily causing hurt

Section 115 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the offense of voluntarily causing hurt. It essentially defines and penalizes the act of intentionally or knowingly causing physical harm to another person.


(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.

Example:
Vijay throws a stone at Rakesh with the intention to cause him hurt. Vijay is guilty under Section 115.


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Key Points in BNS-115
 

  1. Definition of "Voluntarily Causing Hurt":
     

    • Act and Intent: A person is said to "voluntarily cause hurt" if they perform an act:
       

      • With the intention of causing hurt to another person.
         

      • With the knowledge that their actions are likely to cause hurt.
         

    • Resulting Injury: The act must actually result in hurt to another person.
       

  2. Punishment for Voluntarily Causing Hurt:
     

    • General Punishment: A person who voluntarily causes hurt, except under special circumstances covered by Section 120, faces:
       

      • Imprisonment of either description (rigorous or simple) for a term which may extend to one year.
         

      • A fine which may extend to 10,000.
         

      • Both imprisonment and fine.
         

  3. Exception:
     

    • The section makes an exception for cases covered under Section 120(1), which likely deals with special provisions for specific acts of hurt.
       

Summary
 

  • Voluntarily Causing Hurt: Involves causing hurt with intent or knowledge, leading to actual injury.
     

  • Penalties: Punishment includes up to one year of imprisonment, a fine of up to 10,000, or both, with exceptions under Section 120.


Offence : Voluntarily causing hurt.


Punishment : Imprisonment for 1 year or fine of 10,000 rupees, or both.


Cognizable or Non-cognizable : Non-cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Any Magistrate.




Get the full list of all sections in the Bharatiya Nyaya Sanhita (BNS) here. Our comprehensive guide offers detailed information and analysis on every BNS section to enhance your legal knowledge.


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