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.
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.
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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.
