Section 115 of BNS in Hindi

India’s legal framework underwent a massive transformation in 2023. The Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC) of 1860 — and with it came clearer, modernised provisions on criminal offences. One of the most talked-about sections is Section 115 of BNS in Hindi, which deals with the offence of voluntarily causing hurt. If you’ve ever wondered what this section actually means, how it applies, and what punishment it carries, you’re in the right place.

This article breaks it all down — in plain language. We’ll walk through the legal definition, the key elements of the offence, the punishment, and how it differs from related sections. Whether you’re a law student, a legal professional, or just a curious citizen, this guide is written for you.

Related Post: Section 109 of BNS in Hindi

Section 115 of BNS in Hindi: स्वेच्छा से चोट पहुंचाना

The term स्वेच्छा से चोट पहुंचाना translates literally to ‘voluntarily causing hurt.’ Under the Bharatiya Nyaya Sanhita 2023, this offence is defined with two key elements: intention and knowledge. The law says that if a person does any act with the intention of causing hurt to someone — or even with the knowledge that hurt is likely — and hurt actually results from that act, the person is said to have ‘voluntarily caused hurt.’ It’s not just about what happened. It’s also about what was intended or foreseen.

Many people think that only a deliberate attack qualifies under this section. That’s not entirely true. Even if you didn’t want to hurt someone specifically but you knew your action could likely cause harm, and it did — you’re still covered under Section 115 BNS. This is a critical distinction. The law doesn’t just punish intent; it also punishes recklessness where harm was foreseeable. Think of it as the law drawing a clear line: if you could have reasonably seen the hurt coming, you’re responsible for it.

स्वेच्छा से चोट पहुंचाना Bharatiya Nyaya Sanhita 2023

Section 115 of the Bharatiya Nyaya Sanhita 2023 reads as follows (translated):

धारा 115(1): जो कोई, किसी कार्य को इस आशय से करता है कि उसके द्वारा किसी व्यक्ति को उपहति कारित की जाए या इस ज्ञान के साथ करता है कि यह संभाव्य है कि वह उसके द्वारा किसी व्यक्ति को उपहति कारित करे और उसके द्वारा किसी व्यक्ति की उपहति कारित करता है — वह ‘स्वेच्छया उपहति करता है’, यह कहा जाता है।

In simple terms: you cause hurt voluntarily when (a) you meant to cause it, or (b) you knew it was likely, and (c) hurt actually happened. All three conditions must coexist for the offence to be complete. The आपराधिक आशय (criminal intention) or the ज्ञान के साथ किया गया कार्य (act done with knowledge) is the backbone of this offence.

Key Elements of the Offence

1.       An act was committed — there must be a positive action by the accused.

2.       Intention or knowledge — either the person meant to cause hurt, or they knew harm was likely.

3.       Hurt was actually caused — the act must have resulted in actual physical harm to a person.

What Does ‘Hurt’ Mean in Law?

Under BNS, ‘hurt’ (उपहति) means causing bodily pain, disease, or infirmity to any person. It doesn’t have to be a deep wound or broken bone. Even a slap that causes pain qualifies as hurt under this provision. The उपहति का कानूनी अर्थ (legal meaning of hurt) is intentionally kept broad so that minor physical injuries are also covered. This ensures that साधारण चोट का अपराध (offence of simple hurt) doesn’t go unpunished simply because it didn’t leave a visible mark.

Punishment Under Section 115(2) BNS

Section 115(2) of the BNS lays out the punishment clearly. Anyone convicted for voluntarily causing hurt — except in cases covered under Section 122(1) — can face:

•         Imprisonment of either description for a term up to one year (एक वर्ष तक का कारावास)

•         A fine of up to ₹10,000 (दस हजार रुपये तक जुर्माना)

•         Or both — imprisonment and fine together

It’s worth noting that the fine under BNS (₹10,000) is significantly higher than under the old IPC Section 323, which capped the fine at just ₹1,000. This reflects the legislature’s intent to make कानूनी सजा का प्रावधान (legal punishment provisions) more meaningful and deterrent in nature.

The Section 122(1) Exception — What Does It Mean?

Section 115(2) explicitly excludes cases covered under Section 122(1) BNS. So what’s that about? Section 122 deals with voluntarily causing hurt on provocation. If hurt was caused in the heat of the moment — driven by sudden and grave provocation — the punishment and conditions are governed by Section 122(1), not 115(2). The धारा 122(1) अपवाद (Section 122(1) exception) recognises that human beings sometimes act impulsively, and the law treats such cases differently.

BNS बनाम IPC — Key Differences at a Glance

Aspect	BNS 2023 (Sec. 115)	IPC 1860 (Sec. 323)
Act	Bharatiya Nyaya Sanhita	Indian Penal Code
Year	2023 (Effective 2024)	1860
Imprisonment	Up to 1 year	Up to 1 year
Fine	Up to ₹10,000	Up to ₹1,000
Language	Modern, clearer drafting	Archaic English phrasing

A Practical Example

Imagine Ramesh and Suresh get into an argument over a parking spot. Ramesh, in frustration, punches Suresh in the shoulder. Suresh feels pain and is bruised. Did Ramesh ‘voluntarily cause hurt’?

Yes — because Ramesh clearly intended to cause pain (आशय), and hurt was indeed caused (उपहति कारित हुई). This is a textbook case under Section 115 BNS in Hindi. Ramesh could face up to one year in prison, a fine of ₹10,000, or both. The आपराधिक दायित्व (criminal liability) here is straightforward.

When Is Hurt NOT Considered Voluntary?

Not every act that results in hurt is an offence under this section. If you accidentally bump into someone and they fall, that’s not ‘voluntary’ — there’s no intention or foreseeable knowledge of harm. Similarly, a doctor performing a surgery that causes temporary pain isn’t liable. The law expects both intention (or knowledge) and actual hurt — both must be present. Without them, the offence simply doesn’t exist under भारतीय न्याय संहिता की धाराएँ.

Conclusion

Section 115 of BNS in Hindi is one of the foundational provisions of India’s new criminal law framework. It captures a simple but powerful idea: if you intentionally — or knowingly — cause bodily harm to another person, you’re criminally liable. The law doesn’t require a weapon, a hospital visit, or a police chase. A punch, a shove, or any act that causes pain with intent or knowledge is enough.

The BNS has modernised this provision with a higher fine, clearer language, and better alignment with today’s legal needs. Understanding स्वेच्छ्या उपहति कारित करना isn’t just for law students — it’s useful for anyone who wants to know their rights and responsibilities under भारतीय दंड कानून 2023. If you’re ever involved in a case — on either side — knowing this section could make all the difference.