Most assault cases that reach a police station or a Magistrate's court are cases of hurt or grievous hurt. Since 1 July 2024, offences committed on or after that date are charged under Chapter VI of the Bharatiya Nyaya Sanhita, 2023 ("BNS"), and the familiar IPC numbers have been replaced. This note sets out the framework and the points that usually decide these cases.
Hurt: Section 114
Under Section 114, a person causes hurt when he causes bodily pain, disease or infirmity to another. No visible injury is required. A slap that leaves no mark is still hurt if it causes pain. What the definition does not cover is purely emotional distress with no effect on the body.
Section 114 only defines the term. The offence is in Section 115: voluntarily causing hurt, meaning doing an act with the intention of causing hurt, or knowing that hurt is likely. The punishment under Section 115(2) is imprisonment up to one year, or fine up to ₹10,000, or both. The maximum term is the same as under old Section 323, but the fine ceiling has gone up considerably.
Section 115 is non-cognizable, bailable and compoundable by the person hurt. Practically, this means the police cannot investigate without a Magistrate's order, and many such matters end in a settlement.
Grievous hurt: Section 116
Grievous hurt is not a matter of how serious an injury looks. Section 116 lists eight specific categories, and an injury outside them remains simple hurt, however painful:
- Emasculation.
- Permanent loss of sight of either eye.
- Permanent loss of hearing of either ear.
- Loss of any member or joint.
- Destruction or permanent impairment of the powers of any member or joint.
- Permanent disfiguration of the head or face.
- Fracture or dislocation of a bone or tooth.
- Any hurt which endangers life, or which keeps the injured person in severe bodily pain, or unable to follow ordinary pursuits, for 15 days.
A change worth noting: under Section 320 of the IPC, the period in the last clause was twenty days. The BNS has reduced it to fifteen days. For an injury that kept the victim bed-ridden for, say, seventeen days, this difference can decide whether the case is one of simple hurt or grievous hurt.
Because of this closed list, the medical evidence carries most of the weight. The MLC, the X-ray report on a fracture, and the record of the hospital stay or the period of incapacity are what move a case from Section 115 to Section 117.
Punishment: Section 117
- Section 117(2): voluntarily causing grievous hurt is punishable with imprisonment up to seven years and fine. This replaces old Section 325. It is cognizable and bailable.
- Section 117(3) (new): where the grievous hurt leaves the victim in permanent disability or a persistent vegetative state, the punishment is rigorous imprisonment of not less than ten years, which may extend to imprisonment for the remainder of the person's natural life.
- Section 117(4) (new): where five or more persons acting together cause grievous hurt on the ground of race, caste, community, sex, place of birth, language, personal belief or a similar ground, each of them is punishable with up to seven years and fine.
Weapons and provocation: Sections 118 and 122
Where hurt or grievous hurt is caused by a dangerous weapon or means (an instrument for shooting, stabbing or cutting, fire, poison, a corrosive substance, an explosive, and similar means), Section 118 applies. Hurt by such means carries up to three years or fine up to ₹20,000, or both. Grievous hurt by such means carries imprisonment for life, or for one to ten years, with fine, and is non-bailable.
On the other side, Section 122 reduces the punishment where the hurt or grievous hurt was caused on grave and sudden provocation, provided the accused did not intend or know it likely to hurt anyone other than the person who provoked him.
Where grievous hurt ends and attempt to murder begins
The same blow can be charged as grievous hurt under Section 117 or attempt to murder under Section 109. What separates them is not the injury but the intention or knowledge of the accused. A grievous injury caused without an intention to kill is grievous hurt, however serious the injury. The Supreme Court restated this in Roshan Lal v. State of Haryana, 2026 INSC 524, where a conviction for attempt to murder was altered to grievous hurt because the intention to cause death had not been proved independently of the nature of the injuries. This is often the most important argument in a serious-injury case, and is discussed further in the note on Section 109.
Old and new sections at a glance
| Subject | IPC | BNS |
|---|---|---|
| Hurt (definition) | 319 | 114 |
| Voluntarily causing hurt (punishment) | 323 | 115(2) |
| Grievous hurt (definition) | 320 | 116 |
| Voluntarily causing grievous hurt (punishment) | 325 | 117(2) |
| Hurt by dangerous weapons | 324 | 118(1) |
| Grievous hurt by dangerous weapons | 326 | 118(2) |
| Hurt / grievous hurt on grave and sudden provocation | 334, 335 | 122 |
An offence committed before 1 July 2024 continues to be tried under the IPC sections, even if the trial is still running today.
This article is for general legal awareness and reflects the law as on the date of publication. It is not legal advice. Please refer to the current bare Act and consult an advocate on the facts of your own matter.