Section 323 of the Indian Penal Code set the punishment for voluntarily causing hurt at up to one year of imprisonment, a fine of up to ₹1,000, or both. The provision governed any deliberate act that caused bodily pain, disease, or infirmity to another person without crossing into grievous injury. Since July 1, 2024, the IPC has been replaced by the Bharatiya Nyaya Sanhita, and the equivalent provision is now BNS Section 115(2), which keeps the same one-year prison term but raises the fine ceiling tenfold to ₹10,000.1Ministry of Home Affairs. The Bharatiya Nyaya Sanhita, 2023
Which law applies to your case depends on when it was registered. Offenses registered on or after July 1, 2024 fall under BNS Section 115(2). Cases registered earlier continue under IPC Section 323. The definition of the offense, the maximum prison term, and the classification (non-cognizable, bailable, compoundable) are the same under both. The fine ceiling is the main substantive change.
What Counts as Voluntarily Causing Hurt
Two elements must be present. First, there must be hurt: bodily pain, disease, or infirmity caused to another person.2Indian Kanoon. Section 319 in The Indian Penal Code, 1860 The injury need not be visible or lasting. A slap that stings, a shove that bruises, or an act that transmits illness all qualify. Any bodily pain, however brief, is enough.
Second, the act must be voluntary. You are considered to have voluntarily caused hurt if you intended to cause pain, or if you knew your actions were likely to cause pain and went ahead anyway.3Manupatra. Indian Penal Code – Chapter 10 – Hurt and Grievous Hurt Punching someone meaning to hurt them is the clear case. Throwing a heavy object toward a crowd without targeting anyone specifically can also qualify, because the knowledge that someone was likely to be struck is enough.
Accidental injuries are outside the section. If you trip and knock someone over with no reason to expect your actions would cause harm, neither intent nor knowledge is present, and the charge does not apply.
Punishment Under Section 323 IPC and BNS Section 115(2)
IPC Section 323 prescribed imprisonment of either description (simple or rigorous) for up to one year, a fine of up to ₹1,000, or both.4Indian Kanoon. Section 323 in The Indian Penal Code, 1860
Under BNS Section 115(2), the one-year imprisonment ceiling stays the same. The fine ceiling rises to ₹10,000. The court can still impose imprisonment alone, fine alone, or both.1Ministry of Home Affairs. The Bharatiya Nyaya Sanhita, 2023
Within those limits, judges have significant discretion. A first-time scuffle causing minor bruising is unlikely to draw jail time; a fine or conditional discharge is more typical. Repeat offenders, vulnerable victims, or aggressive facts push sentences higher. The ₹1,000 IPC fine had become almost meaningless over time, which is why the BNS raised it. Community service, available for some other minor offenses under the BNS, is not an option for this one.
Simple Hurt Versus Grievous Hurt
The gap between simple hurt and grievous hurt is the single most important distinction in these cases, because it changes the maximum sentence from one year to seven.5Indian Kanoon. Section 325 in The Indian Penal Code, 1860 Simple hurt covers any bodily pain that does not fall into eight categories the law treats as grievous:6India 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
- Fracture or dislocation of a bone or tooth
- Any injury that endangers life, or leaves the victim in severe pain or unable to carry on daily activities for at least twenty days
Under the BNS, grievous hurt that causes permanent disability or a persistent vegetative state carries a minimum of ten years and can extend to life imprisonment. The classification matters from the very first day of a case. Whether a hospital certifies a fracture, for example, can determine whether the police treat the complaint as simple hurt or grievous hurt, and that classification shapes bail, investigation, and sentencing. Medical evidence is usually decisive.
Non-Cognizable, Bailable, and Compoundable
Three procedural classifications shape how a simple hurt case moves, and all three work in the accused person’s favor.
Non-Cognizable
Simple hurt is a non-cognizable offense.7Delhi Police. Hurt (Sections 319 to 338) IPC Police cannot register an FIR, investigate, or arrest without a warrant on their own authority. When you report an incident at a station, the officer records the information in a non-cognizable report (NCR) and directs you to the local Magistrate. Only after the Magistrate orders investigation can the police begin, and even then they need a warrant to arrest.
This often frustrates complainants who expect immediate action after a physical altercation. The law places simple hurt below offenses like robbery or armed assault, where police can act on their own.
Bailable
If a warrant is issued and you are arrested, bail is a matter of right.7Delhi Police. Hurt (Sections 319 to 338) IPC Once you furnish the required bond or surety, the police or court must release you. There is no discretion to deny bail the way there is for non-bailable offenses.
Compoundable
The offense can be settled between the victim and the accused. Under BNSS Section 359, the victim can agree to compound the offense, and once the court accepts the compromise, the accused is acquitted.8Indian Kanoon. Section 359 in Bharatiya Nagarik Suraksha Sanhita, 2023 Settlements typically involve an apology, compensation, or both. This is how most of these cases actually end, especially when the parties are neighbors, relatives, or acquaintances. One restriction: if the accused has a prior conviction that would trigger enhanced punishment, the offense cannot be compounded.
How to File a Complaint
Because the offense is non-cognizable, the complaint process has extra steps. Start at the local police station. The officer in charge is required to record your complaint in the NCR register but will not open an investigation. You will be directed to approach the Magistrate with jurisdiction over the area where the incident occurred.
At the Magistrate’s court, you can file a private complaint. The Magistrate reviews your account and any supporting evidence (medical reports, photographs of injuries, witness statements) and decides whether to direct the police to investigate. Once that order is issued, the police can investigate as they would in a cognizable case, except that arrest still requires a warrant.
You can also bypass the police and file directly with the Magistrate under the applicable procedural provisions. This route is common when complainants feel the police are not treating the matter seriously. The Magistrate can then take cognizance, summon the accused, and proceed to trial.
Get a medical examination as soon as possible after the incident. A medico-legal certificate from a government hospital carries real weight. Delays weaken the case, and courts regularly scrutinize the gap between the alleged incident and the medical examination when assessing credibility.
Lower Penalty for Hurt Caused on Grave and Sudden Provocation
Both the IPC and the BNS treat retaliation after severe provocation as a lesser offense. Under BNS Section 122(1), if you cause hurt on grave and sudden provocation, and you did not intend to hurt anyone other than the person who provoked you, the maximum punishment drops to one month of imprisonment or a fine of up to ₹5,000, or both.1Ministry of Home Affairs. The Bharatiya Nyaya Sanhita, 2023
The provocation must be both grave and sudden. A grudge that simmers for weeks before erupting does not qualify. The classic case is an unexpected insult or aggressive act that would cause a reasonable person to lose self-control on the spot. If the accused deliberately engineered the provocation as a pretext for violence, the reduced penalty does not apply. Where the injury inflicted under provocation reaches grievous hurt, BNS Section 122(2) sets a higher ceiling of five years imprisonment or a fine of up to ₹10,000, or both.