Section 115 Voluntarily causing hurt of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offence of intentionally or knowingly causing physical harm to someone. It modified the law by setting higher fines, showing a stricter approach towards acts of hurt, while also allowing exceptions in cases of sudden provocation.
Provision: BNS Section 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 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 : Section 115 (1) Voluntarily Causing Hurt BNS
Voluntarily causing hurt means performing an act with the intention or knowledge that it is likely to cause hurt to another person, and then actually causing that hurt. This is considered a more serious offence because it involves intention or knowledge.
Explanation : Section 115 (2) Voluntarily Causing Hurt
Sub clause (2) does not only provide punishment for the act of Voluntarily Causing Hurt but also refer to an exception for it.
- Voluntarily Causing Hurt: This means intentionally causing physical pain, injury, or damage to someone. It does not cover accidental or unintentional harm.
- Exception: The exception to this rule is when the hurt is caused under specific circumstances described in Section 122(1) of the BNS, 2023.
Exception under Section 122(1) of BNS:
Section 122(1) provides an exception to the general rule of punishment for causing hurt. If a person causes hurt under “grave and sudden provocation” and does not intend to harm anyone other than the one who provoked them, the punishment is lighter—up to one month of imprisonment or a fine of up to five thousand rupees, or both.
Ingredients of the offence: Section 115 Voluntarily causing hurt
- Intention or knowledge : The person must either intend to cause hurt or know that their actions are likely to cause hurt.
- Actual hurt caused : The act must result in bodily pain, disease, or infirmity to another person.
Punishment for Section 115 Voluntarily causing hurt :
Punishment under Section 115 Voluntarily causing hurt is Imprisonment up to one year, or a fine up to ₹10,000, or both.
Illustrations of BNS Section 115 Voluntarily Causing Hurt :
Following examples demonstrate the application of this section in everyday life:
1. Intentional Physical Harm:
- Scenario: A and B are arguing over a parking spot. In a fit of anger, A punches B in the face, causing a black eye and swelling.
- Explanation: A intended to cause hurt to B by punching them. This is a clear example of voluntarily causing hurt under Section 115(1), as the harm was both intentional and direct.
2. Knowledge of Likely Harm:
- Scenario: C knows that D is allergic to peanuts but, during a heated argument, deliberately serves D food containing peanuts, fully aware of the allergy. D suffers a severe allergic reaction.
- Explanation: Even though C may not have intended to cause a severe reaction, they acted with the knowledge that their actions were likely to cause harm. This makes C liable as voluntarily causing hurt under Section 115(1).
3. Hurt in Self-Defense:
- Scenario: E, while defending themselves from F’s physical attack, strikes F on the arm with a stick, causing a minor injury. Although E’s intention was not to hurt F but to protect themselves, F still suffers harm.
- Explanation: E’s action falls under the ambit of Section 115(1), as they caused hurt voluntarily, even though it was in self-defence. However, E may be able to claim an exception under self-defence provisions of the BNS.
READ MORE: Section 77 Voyeurism of the Bharatiya Nyaya Sanhita (BNS), Section 318 Cheating of the Bharatiya Nyaya Sanhita (BNS), BNS Sec. 85 and 86 : New Sections of Cruelty
4. Throwing an Object with Knowledge:
- Scenario: G throws a stone at H during a dispute. While G’s aim was not perfect, they knew the stone could hit H. The stone strikes H on the shoulder, causing pain and bruising.
- Explanation: G acted with the knowledge that throwing the stone would likely cause hurt to H, and in this case, it actually did. This is voluntarily causing hurt under Section 115(1).
5. Intended Harm in a Group:
- Scenario: I is part of a group of people protesting on the street. During the protest, I throws a glass bottle at J, hitting them on the head and causing a cut that requires medical attention.
- Explanation: I’s deliberate act of throwing the bottle was intended to cause hurt, which it did. This falls under Section 115(1), as the action was intentional and caused harm.
6. Accidental but Known Risk of Harm:
- Scenario: K lights firecrackers near a crowd, knowing that the sparks could hit someone. One of the firecrackers injures L, burning their hand.
- Explanation: K may not have directly intended to harm anyone, but they acted with the knowledge that their actions were likely to cause hurt. Since L was injured, K would be liable under Section 115(1) for voluntarily causing hurt.
7. Provoked Attack (Related to Section 122):
- Scenario: M provokes N by insulting them in front of a crowd. angry N slaps M on the face, causing a bruise.
- Explanation: While N acted voluntarily in causing hurt to M, this could be considered an instance of “grave and sudden provocation,” which may be dealt with under Section 122(1), where the punishment is less severe. This provides an exception to the general rule of punishment in Section 115(2).
8. Throwing a Hot Drink:
- Scenario: O, during an argument with P, throws a cup of hot tea at P, knowing that it will likely cause harm. The hot tea spills onto P’s arm, causing burns.
- Explanation: O acted with knowledge of the potential harm, and the act resulted in actual hurt. This scenario falls under voluntarily causing hurt as described in Section 115(1).
Comparison with IPC Section 321 and IPC 323 :
IPC Section 321 defines “voluntarily causing hurt” similarly, focusing on the intention or knowledge behind the act. The punishment under Sec. 115 (2) BNS is comparable to that under Sec. 323 of IPC, where the maximum imprisonment term is one year under both the sections. The maximum fine under Section 323 of the IPC is ₹1,000, whereas under Section 115(2) of the BNS, the maximum fine is significantly higher, up to ₹10,000.
Summary:
Section 115 punishes voluntarily causing hurt, focusing on both intent and the likelihood of harm. It offers harsher fines compared to the Indian Penal Code, reflecting a tougher stance on such offences, while still allowing exceptions for cases like sudden provocation under Section 122.
Disclaimer :
This article is intended for educational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy of the information provided, readers are encouraged to consult with a qualified legal professional for specific legal guidance related to their circumstances.