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    Home - BNS - 115(2) BNS In IPC: Punishment, Bail Status & Everything You Need to Know in 2026
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    115(2) BNS In IPC: Punishment, Bail Status & Everything You Need to Know in 2026

    ShivBy ShivSeptember 18, 2026
    115(2) BNS In IPC

    115(2) BNS In IPC refers to the legal provision under the Bharatiya Nyaya Sanhita that deals with voluntarily causing grievous hurt — a non-bailable, cognizable offence carrying imprisonment up to 7 years along with a fine.

    Table of Contents

    Toggle
    • Quick Stats & Overview Table
    • What Is 115(2) BNS In IPC — And Why Should You Care?
    • Understanding the Old IPC Equivalent: Section 325 IPC
    • What Counts as “Grievous Hurt” Under BNS?
    • 115(2) BNS Punishment — What Are You Actually Facing?
    • 115(2) BNS Bailable Or Not — The Most Searched Question
    • Who Can File a Complaint Under 115(2) BNS?
    • Important Exceptions and Related Sections
      • When Punishment Gets Worse
    • Real-World Situations Where 115(2) BNS Applies
    • How Courts Decide Bail in 115(2) BNS Cases
    • Compounding of 115(2) BNS Offence — Can It Be Settled?
    • 115(2) BNS and Domestic Violence Cases
    • Landmark Judgments Related to Section 325 IPC / 115(2) BNS
    • Conclusion
    • Read More
    • Frequently Asked Questions (FAQs)
      • Q1. What is 115(2) BNS In IPC?
      • Q2. What is the punishment under 115(2) BNS?
      • Q3. Is 115(2) BNS bailable or non-bailable?
      • Q4. What is the difference between 115(1) and 115(2) BNS?
      • Q5. Which old IPC section does 115(2) BNS replace?
      • Q6. Can a case under 115(2) BNS be settled out of court?
      • Q7. What injuries qualify as “grievous hurt” under 115(2) BNS?
      • Q8. Who investigates cases under 115(2) BNS?

    Quick Stats & Overview Table

    Parameter Details
    Section Name Voluntarily Causing Grievous Hurt
    Act Bharatiya Nyaya Sanhita (BNS), 2023
    Old IPC Equivalent Section 325 IPC
    Punishment Up to 7 years imprisonment + Fine
    Bailable Status Non-Bailable
    Cognizable Yes
    Triable By Magistrate of First Class
    Compoundable Yes (by the person hurt, with permission of court)
    Effective Since July 1, 2024
    Replaced Indian Penal Code, 1860

    What Is 115(2) BNS In IPC — And Why Should You Care?

    The 115(2) BNS In IPC refers to the provision under the Bharatiya Nyaya Sanhita (BNS), 2023, which replaced the Indian Penal Code (IPC) from July 1, 2024. It deals with voluntarily causing grievous hurt, covering serious injuries that cause significant physical harm.

    In simple terms, Section 115(2) applies when someone intentionally causes a serious injury, such as a fracture, permanent disfigurement, or loss of a body part or sense. The provision carries stricter consequences than cases involving ordinary or simple hurt.

    BNS Section Nature of Offence Old IPC Section
    115(1) BNS Voluntarily Causing Simple Hurt Section 323 IPC
    115(2) BNS Voluntarily Causing Grievous Hurt Section 325 IPC
    117 BNS Causing Hurt by Dangerous Weapons Section 324/326 IPC
    118 BNS Grievous Hurt by Dangerous Weapons Section 326 IPC

    Understanding the Old IPC Equivalent: Section 325 IPC

    Before diving deeper into 115(2) BNS, let’s give credit to where it all started — Section 325 of the Indian Penal Code. For over 160 years, Section 325 IPC governed cases of voluntarily causing grievous hurt in India.

    The BNS retained the core spirit of this provision but modernised the language, restructured it, and placed it under a new number: 115(2) BNS In IPC context is essentially the 2024 version of the old 325 IPC.

    Feature Section 325 IPC 115(2) BNS In IPC
    Offence Voluntarily Causing Grievous Hurt Voluntarily Causing Grievous Hurt
    Max Imprisonment 7 Years 7 Years
    Fine Yes Yes
    Bailable No No
    Cognizable Yes Yes
    Effective Period 1860–2024 July 2024 Onwards
    Law Indian Penal Code Bharatiya Nyaya Sanhita

    What Counts as “Grievous Hurt” Under BNS?

    Not every injury qualifies. The law is specific. Under Section 114 BNS (which defines grievous hurt — equivalent to Section 320 IPC), the following injuries are classified as grievous:

    Here’s a simple breakdown of what qualifies as “grievous hurt” under Indian law, which directly determines whether someone can be charged under 115(2) BNS In IPC:

    Type of Grievous Hurt Example
    Emasculation Forced removal/damage to male reproductive organ
    Permanent loss of eyesight (one or both eyes) Acid attack on eye, injury leading to blindness
    Permanent loss of hearing (one or both ears) Severe blow to ears causing deafness
    Loss of any member or joint Arm, leg, finger cut off
    Destruction/permanent impairing of any member/joint Ligament damage, joint destruction
    Permanent disfigurement of head or face Acid attack, burn scars
    Fracture or dislocation of bone or tooth Breaking jaw, ribs, teeth
    Hurt endangering life or causing severe bodily pain for 20+ days Stab wound, serious internal injury

    115(2) BNS Punishment — What Are You Actually Facing?

    This is what most people want to know, and it’s important to get this right.

    115(2) BNS Punishment is: Imprisonment of either description (simple or rigorous) up to 7 years + Fine

    Let’s break that down further.

    Punishment Component Details
    Type of Imprisonment Simple or Rigorous (judge decides)
    Maximum Term 7 Years
    Minimum Term No statutory minimum
    Fine As decided by court (no fixed limit)
    Both Imprisonment + Fine? Yes, court can impose both
    Probation Possible? Yes, in certain cases (first-time offenders, minor cases)

    The 115(2) BNS Punishment is not fixed at 7 years — that’s the maximum. A judge can award anything from a day to 7 years depending on:

    • Severity of the injury
    • Weapon used (if any)
    • Relationship between accused and victim
    • Criminal history of the accused
    • Whether the act was premeditated

    115(2) BNS Bailable Or Not — The Most Searched Question

    Let’s get straight to the point.

    115(2) BNS Bailable Or Not? — It is NON-BAILABLE.

    This means the accused does NOT have the right to bail as a matter of right from the police station. They have to apply to a court (usually a Magistrate or Sessions Court) to get bail. The court then exercises its discretion based on:

    • Nature of the injury caused
    • Risk of the accused fleeing or tampering with evidence
    • Criminal antecedents
    • Victim’s condition
    Bail Parameter Answer
    115(2) BNS Bailable Or Not Non-Bailable
    Can Police Grant Bail? No
    Who Grants Bail? Magistrate / Sessions Court
    Is Bail Typically Granted? Depends on facts; usually granted with conditions
    Anticipatory Bail Possible? Yes, under Section 482 BNSS
    Common Bail Conditions Surety, regular court appearance, no contact with victim

    Who Can File a Complaint Under 115(2) BNS?

    Anyone who has suffered grievous hurt can file a complaint. Here’s how the complaint process typically works:

    The victim (or someone on their behalf) walks into the nearest police station and files an FIR (First Information Report). Since 115(2) BNS In IPC is a cognizable offence, the police are legally bound to register the FIR without any court order.

    Step Action
    1 Victim or family goes to police station
    2 FIR registered under 115(2) BNS
    3 Police investigate, collect medical evidence
    4 Accused arrested (non-bailable offence)
    5 Accused produced before Magistrate within 24 hours
    6 Bail application filed in court
    7 Trial begins at Magistrate of First Class level
    8 Judgment and sentencing

    Important Exceptions and Related Sections

    The law doesn’t work in isolation. 115(2) BNS has several important related provisions that either enhance or reduce the punishment.

    When Punishment Gets Worse

    Aggravating Section Scenario Enhanced Punishment
    Section 117 BNS Grievous hurt with dangerous weapons Up to 10 Years + Fine
    Section 118 BNS Voluntarily causing grievous hurt by dangerous means (acid, fire, etc.) Up to Life + Fine
    Section 119 BNS Hurt to extort property or force illegal act Up to 10 Years
    Section 121 BNS Grievous hurt to deter public servant Up to 10 Years

    Real-World Situations Where 115(2) BNS Applies

    Let’s talk about scenarios. These are the kinds of situations where 115(2) BNS In IPC typically comes into play:

    Situation Why 115(2) BNS Applies
    Bar fight where someone’s jaw is broken Fracture = Grievous Hurt
    Road rage incident where attacker breaks victim’s arm Bone fracture = Grievous Hurt
    Domestic violence case with permanent scarring Permanent disfigurement = Grievous Hurt
    Assault that causes victim to lose sight in one eye Permanent vision loss = Grievous Hurt
    Beating that puts victim in hospital for 25+ days Severe bodily pain for 20+ days = Grievous Hurt
    Fight where attacker knocks out victim’s teeth Fracture/dislocation of tooth = Grievous Hurt

    How Courts Decide Bail in 115(2) BNS Cases

    Since 115(2) BNS Bailable Or Not = Non-Bailable, bail becomes a court decision. Here’s what courts typically look at:

    Factor How It Affects Bail
    Severity of injury More serious = harder to get bail
    Victim’s condition If still hospitalised, bail less likely initially
    Accused’s criminal record Prior convictions = bail less likely
    Risk of tampering evidence High risk = bail conditions become stricter
    Family/social background Stable roots in community = supports bail
    Sureties available Strong sureties = positive factor
    Nature of weapon used Weapon used = bail harder to get

    Courts generally balance two things: the accused’s right to liberty vs. the victim’s right to justice and safety. In most 115(2) BNS cases, bail is eventually granted with conditions like:

    • Not leaving the city/state
    • Regular reporting to the police station
    • No contact with the victim
    • Surrendering passport

    Compounding of 115(2) BNS Offence — Can It Be Settled?

    Yes! Unlike many serious offences, 115(2) BNS is compoundable — but only with the permission of the court.

    Compounding Aspect Answer
    Can offence be compounded? Yes
    Who can compound? The person who was hurt (victim)
    Court permission needed? Yes (mandatory)
    Effect of compounding Accused is acquitted
    Can police refuse? No — once court permits compounding, the case ends

    This is one of the more victim-friendly features of the 115(2) BNS Section. If the victim and accused reach a settlement (usually involving compensation), the victim can approach the court, and upon the court’s satisfaction, the case can be closed.

    115(2) BNS and Domestic Violence Cases

    A significant number of 115(2) BNS In IPC cases arise from domestic violence situations. Here’s how it interplays:

    Scenario Applicable Law
    Husband causes grievous hurt to wife 115(2) BNS + Protection of Women from Domestic Violence Act, 2005
    Parent causes grievous hurt to child 115(2) BNS + Juvenile Justice Act (if child)
    Employer causes grievous hurt to employee 115(2) BNS + relevant labour/workplace laws
    Multiple accused in the attack 115(2) BNS + Section 3(5) BNS (common intention)

    Landmark Judgments Related to Section 325 IPC / 115(2) BNS

    While 115(2) BNS is new (effective 2024), the judicial principles developed under Section 325 IPC still guide courts. Here are some key principles from judgments:

    Principle Judicial Observation
    Injury alone doesn’t prove intent The prosecution must prove the accused voluntarily caused the hurt
    Medical evidence is crucial Courts rely heavily on MLC and doctor testimony
    Provocation can reduce culpability Sudden, grave provocation can reduce the charge
    Joint liability possible All participants in a group assault can be held liable
    Sentence can be reduced on appeal Higher courts regularly modify sentences based on facts

    Conclusion

    115(2) BNS In IPC is an important provision dealing with voluntarily causing grievous hurt under India’s new criminal law framework. It came into force with the Bharatiya Nyaya Sanhita (BNS) on July 1, 2024, replacing the corresponding IPC provision. The offence can attract up to 7 years of imprisonment and a fine, depending on the circumstances of the case.

    Since not every injury qualifies as grievous hurt, the nature and seriousness of the injury are important in determining whether this section applies. For any specific case involving 115(2) BNS, professional legal advice is recommended.

    Read More

    • 439 CrPC
    • 281 BNS In Hindi

    Frequently Asked Questions (FAQs)

    Q1. What is 115(2) BNS In IPC?

    115(2) BNS In IPC deals with voluntarily causing grievous hurt and corresponds to the former Section 325 IPC.

    Q2. What is the punishment under 115(2) BNS?

    The 115(2) BNS In IPC provision carries up to 7 years’ imprisonment and a fine, depending on the case.

    Q3. Is 115(2) BNS bailable or non-bailable?

    Under 115(2) BNS In IPC, the offence is non-bailable, so bail generally has to be sought from the court.

    Q4. What is the difference between 115(1) and 115(2) BNS?

    115(1) BNS covers voluntarily causing hurt, while 115(2) BNS In IPC covers voluntarily causing grievous hurt and has a higher punishment.

    Q5. Which old IPC section does 115(2) BNS replace?

    115(2) BNS In IPC corresponds to Section 325 IPC, which dealt with voluntarily causing grievous hurt.

    Q6. Can a case under 115(2) BNS be settled out of court?

    Yes, a 115(2) BNS In IPC case may be compoundable with the required permission of the court.

    Q7. What injuries qualify as “grievous hurt” under 115(2) BNS?

    Under 115(2) BNS In IPC, grievous hurt can include fractures, permanent disfigurement, or loss of sight or hearing, among other legally defined injuries.

    Q8. Who investigates cases under 115(2) BNS?

    Since 115(2) BNS In IPC is a cognizable offence, the police can investigate the case and take action according to law.

    115(2) BNS Bailable Or Not 115(2) BNS In IPC Section 115(2) BNS 115(2) BNS Punishment Section 115(2) BNS In IPC
    Shiv

    एक Legal Content Writer हैं, जो भारतीय कानून और कानूनी जागरूकता से जुड़े विषयों पर सरल, सटीक और रिसर्च-आधारित लेख लिखते हैं। उनका उद्देश्य पाठकों तक भरोसेमंद कानूनी जानकारी पहुंचाना है, ताकि वे अपने अधिकारों और कानूनी प्रक्रियाओं को बेहतर ढंग से समझ सकें।

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