IPC Section 323 punishes voluntarily causing hurt with imprisonment of up to one year, a fine up to ₹1,000, or both.1India Code. Indian Penal Code – Section 323 It is a non-cognizable, bailable, and compoundable offense, which means the police usually cannot arrest without a warrant, the accused has a right to bail, and the victim can settle the case directly with the accused. Since July 1, 2024, the IPC has been replaced by the Bharatiya Nyaya Sanhita, and the equivalent provision is now BNS Section 115, which keeps the one-year ceiling but raises the maximum fine to ₹10,000.2Ministry of Home Affairs. The Bharatiya Nyaya Sanhita, 2023 Cases registered before that date continue under the old framework; new incidents fall under BNS 115.
What Counts as Hurt
Section 319 of the IPC defines hurt as causing bodily pain, disease, or infirmity to another person.3India Code. Indian Penal Code – Section 319 BNS Section 114 carries the same definition.2Ministry of Home Affairs. The Bharatiya Nyaya Sanhita, 2023 No visible wound or bleeding is required. A slap during an argument, a shove that causes pain, or an object thrown that strikes someone can all qualify. The threshold is the victim’s experience of physical suffering, not the severity of the weapon or method.
The Intent Requirement
Causing pain alone is not enough. The offender must either intend to cause hurt or know that their action is likely to cause hurt, and hurt must actually result. Section 321 of the IPC spells this out, and BNS Section 115(1) carries the same wording.2Ministry of Home Affairs. The Bharatiya Nyaya Sanhita, 2023 Someone who accidentally bumps into another person on a crowded bus falls outside the section even if real pain results, because neither intention nor knowledge was present. In contested cases, witness statements, prior threats, and the circumstances of the altercation become central to proving the mental element.
Punishment Under IPC 323 and BNS 115
The maximum sentence under IPC Section 323 is one year of imprisonment, a fine up to ₹1,000, or both.1India Code. Indian Penal Code – Section 323 Under BNS Section 115(2), the imprisonment ceiling is unchanged, but the maximum fine rises to ₹10,000.2Ministry of Home Affairs. The Bharatiya Nyaya Sanhita, 2023 The magistrate decides where within those limits the sentence falls, based on the facts.
Both statutes carve out an exception for hurt caused on sudden and grave provocation. If the altercation was provoked and the accused acted in the heat of the moment, a lighter provision applies: Section 334 under the IPC, and Section 122 under the BNS.
Non-Cognizable, Bailable, Compoundable
The procedural classification of the offense shapes almost every practical step. Under the First Schedule of the Code of Criminal Procedure, IPC 323 is non-cognizable, bailable, and triable by any Magistrate.4Delhi Police. Bharatiya Nyaya Sanhita Handbook BNS Section 115 retains the same classification.
Non-cognizable means the police cannot arrest without a warrant and cannot investigate without a magistrate’s permission.5India Code. Code of Criminal Procedure 1973 – Section 2 Definitions This is where many victims first hit a wall. They go to the police station expecting an FIR to be registered, and the police tell them only a non-cognizable report can be recorded. The route forward is a complaint filed directly with a magistrate.
Bailable means the accused has a right to bail if taken into custody. The magistrate must grant bail on a bond or other security. Indefinite detention is not permitted.
Compoundable means the case can be settled privately. Under Section 320 of the CrPC, IPC 323 is compoundable by the person to whom the hurt was caused.6Indian Kanoon. Code of Criminal Procedure 1973 – Section 320 Compounding of Offences No court permission is needed to begin discussions, though the final compounding order must come from the magistrate.
Simple Hurt vs. Grievous Hurt
The line between IPC 323 and the far more serious IPC 325 (grievous hurt) depends entirely on the nature of the injury. Section 320 of the IPC lists eight categories of grievous hurt:7India Code. Indian Penal Code – Section 320 Grievous Hurt
- Emasculation
- Permanent loss of sight in either eye
- Permanent loss of hearing in either ear
- Loss of any limb or joint
- Permanent impairment of the function of any limb or joint
- Permanent disfiguration of the head or face
- Bone or tooth fracture or dislocation
- Any hurt endangering life or causing severe bodily pain for twenty days or more
If the injury fits any of these categories, the charge shifts to Section 325, which carries imprisonment up to seven years plus a fine.8Manupatra. Indian Penal Code – Chapter 10 – Hurt and Grievous Hurt A punch that leaves a bruise sits within IPC 323. A punch that fractures a cheekbone crosses into Section 325. Medical evidence often decides which way the charge goes.
How to File a Complaint
Because IPC 323 is non-cognizable, the case does not start the way more serious crimes do. Police are not required to register an FIR on their own and typically record only a non-cognizable report. The most effective route is a written complaint filed directly with the local magistrate.
The complaint should describe the incident, the injuries, and the identity of the accused. Medical documentation strengthens it considerably. Getting examined at a hospital soon after the incident creates a medico-legal case (MLC) report that records the nature, location, and probable cause of injuries while they are still fresh. Courts give significant weight to records generated close in time to the alleged assault. A gap of several days between the incident and the examination often invites questions about whether the injuries are genuine or were caused by something else.
If the local police refuse to act and the complainant has exhausted the chain of command up to the Superintendent of Police, the magistrate can direct the police to investigate under Section 156(3) of the CrPC.
Settling the Case Through Compounding
Because IPC 323 is compoundable, the victim and the accused can reach a settlement that ends the criminal case entirely. This happens often in practice, especially in family disputes, neighbour conflicts, and workplace altercations where the parties have ongoing relationships.
The parties reach an agreement and file a compounding application under Section 320 of the CrPC with the presiding magistrate.6Indian Kanoon. Code of Criminal Procedure 1973 – Section 320 Compounding of Offences The court schedules a hearing where the victim must appear in person. The magistrate questions the victim to confirm that the settlement is voluntary and that no one pressured them into dropping the case. If the magistrate is satisfied, the court passes an order accepting the compounding, which results in the accused being acquitted. The legal effect is the same as a not-guilty verdict after a full trial.
Compounding can happen at any stage, even after charges have been framed or evidence has been led. The earlier it happens, the less time and money both sides spend.
Time Limit for Filing
Section 468 of the CrPC sets a one-year limitation period for offenses punishable with imprisonment up to one year.9Indian Kanoon. Code of Criminal Procedure 1973 – Section 468 Section 514 of the BNSS keeps the same window.10Government of India. Limitation in Criminal Cases Under BNSS The clock runs from the date of the offense, not from the date the complaint is filed. A complaint filed on time but taken up by the court after the one-year window has closed may still be barred, so follow-up matters as much as the filing itself.
What Changed Under BNS Section 115
The IPC was repealed when the Bharatiya Nyaya Sanhita came into force on July 1, 2024.11Press Information Bureau. Highlights of New Criminal Laws For voluntarily causing hurt, the practical changes are modest. The imprisonment ceiling is the same one year. The maximum fine rises from ₹1,000 to ₹10,000.2Ministry of Home Affairs. The Bharatiya Nyaya Sanhita, 2023 The classification is unchanged: non-cognizable and bailable.4Delhi Police. Bharatiya Nyaya Sanhita Handbook The definition of hurt is unchanged.
For cases already pending on July 1, 2024, Section 531 of the BNSS preserves the old procedural framework. Any investigation, trial, or appeal underway before that date continues under the CrPC as if the new law had not been enacted. New incidents after July 1, 2024 fall entirely under the BNS and BNSS.