Criminal Law

Section 115 of BNS 

The Section 115 of BNS speaks about voluntary causing hurt and Section 114 speaks about Hurt.

Section 115(1) of BNS

“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 “voluntary to cause hurt”.

115(2) BNS

Being bailable offence A judicial magistrate will grant bail to the accused. Although this offence has less punishment but may affect police record for verification of Passport.

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.

115 (2) BNS Bailable or Not

The section 115(2) of BNS is Non-Cognizable and Bailable Offence. Means, Judicial Magistrate has to grant bail on application.

Punishment for Section 115(2) BNS

The punishment for Section 115(2) BNS is imprisonment for 1 year or fine or 10,000 rupees, or both.

Section 323 IPC versus Section 115 BNS

There no specific difference between Section 323 IPC and this section as both talks about Voluntary Causing Hurt and its punishment.

Case Laws

The accused, a shopkeeper, in a sudden quarrel hit his wife on the head with an iron weight of 200 grams which resulted in her death. The medical evidence showed that the injury was of a simple nature and there was no evidence that the deceased died of shock caused by the injury. The Court found the accused liable only under section 323 IPC, 1860 and not under section 304 IPC, 1860

Case Reference : PP v NS Murthy, 1973 Cr LJ 1238 (AP)

Where the wife attacked the husband with a brick causing multiple injuries resulting in his death but according to medical evidence the injuries were of a simple nature and were not sufficient in ordinary course of nature to cause death, it was held that the accused wife could not be convicted under section 302 IPC, 1860. Her conviction was accordingly changed to one under section 323 IPC.

Case Reference: Sridevi, 1974 Cr LJ 126 (All)

If an accused pushed the victim. She fell down and sustained injuries of simple nature. This act of the accused was held to fall under section 323 IPC.

Case Reference: Sellamuthu v State of TN, (1995) 2 Cr LJ 2143 (Mad)

Every Act Causing Death is not Murder  

Where the accused gave a push on the chest of the deceased and the victim fell on a stone resulting in death, Court recorded conviction under section 323.

Case Reference: Pichapillai v State of TN, 1996 Cr LJ 3634 (Mad)

Where in a quarrel the accused kicked the deceased on his testicles but as the victim could not get  medical treatment for two days, the injured died due to Toxaemia caused by gangrene. The injury to the testicles was not the direct cause of his death. The Supreme Court set aside his conviction under section 304 Part II and convicted him under section 323 instead.

Case Reference: Nasiruddin vs. State of Bihar AIR 2008 SC 3198

Fair police investigation is necessary to find the truth from allegation. Accused cannot file Anticipatory Bail Application before Session Court or High Court.