Section 115 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 115 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offence of voluntarily causing grievous hurt. This section outlines the conditions under which an individual is deemed to have intentionally or knowingly caused serious harm to another person and specifies the corresponding punishments.
📜 Text of Section 115: Voluntarily Causing Grievous Hurt
Section 115(1):
Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt
Section 115(2):
Whoever, except in the case provided for by sub-section (3), voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine
Section 115(3):
Whoever commits an offence under sub-section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.
Section 115(4):
When grievous hurt of a person is caused by a group of five or more persons on the ground of his race, caste, sex, place of birth, language, personal belief, or any other ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
⚖️ Comparison with Indian Penal Code (IPC)
Section 115 of the BNS, 2023, aligns closely with Section 325 of the Indian Penal Code (IPC), 1860, which deals with voluntarily causing grievous hurt. The primary distinctions lie in the specific penalties and the classification of the offence under the new code. While both sections address similar conduct, the BNS provides a more detailed framework for sentencing and includes provisions for fines.
🧾 Key Points
Offence: Voluntarily causing grievous hurt
Punishment:
General Case: Imprisonment for up to 7 years and a fine.
Permanent Disability or Persistent Vegetative State: Rigorous imprisonment for not less than 10 years, extendable to life imprisonment.
Group Offence: Imprisonment for up to 7 years and a fine.
Cognizability: Cognizable offence.
Bailability: Non-bailable
Triable by: Court of Session.
For further information, you can refer to the official publication of the Bharatiya Nyaya Sanhita, 2023.
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