Side-by-Side Comparison

319 vs 114

The law for Simple Hurt moves from IPC 323 to BNS 115, with a significant increase in the potential fine.

What Changed?

IPC 323 carried a maximum fine of ₹1,000.

BNS 115 increases the maximum fine to ₹5,000.

The definition of Hurt (IPC 319) is now in BNS 114.

Verdict

"Stricter financial deterrent for minor physical assaults."

Detailed Analysis

OLD LAW (IPC)

319

Act of 1860

Hurt

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

PunishmentSee Section 323

REFORM

NEW LAW (BNS)

114

Act of 2024

Waging or Attempting to Wage War Against the Government of India

Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life, and shall also be liable to fine.

PunishmentDeath or Life Imprisonment (waging war); Up to Life Imprisonment (conspiracy/preparation)

1860

319 Origin

2024

114 Reform

Legal Implications

Voluntarily causing hurt is one of the most common criminal charges. Under BNS 115, the essence of the offence remains the same as IPC 323, but the law-making body has increased the fine five-fold to account for inflation and to serve as a better deterrent.

Practical Scenarios

"Slapping someone during a minor argument (BNS 115)."

"Causing temporary bodily pain without any long-term injury (BNS 115)."

Expert Q&A

Did the jail time for hurt change?

No, the maximum imprisonment remains one year under BNS 115, same as IPC 323.

Why is Section 323 Non-Cognizable even though it is a criminal offence?

Section 323 is Non-Cognizable as a deliberate policy choice — police need a Magistrate's warrant to act. This prevents automatic police escalation of minor neighbourhood fights. If a weapon is used (Section 324), the offence becomes Cognizable and police can arrest directly.

Is Section 323/BNS 115 compoundable?

Yes — Section 323 is compoundable. Parties can settle with court permission. This makes it amenable to resolution in domestic, neighbour, and family disputes.

What is the difference between Section 323 (hurt) and Section 325 (grievous hurt)?

Section 323 covers ordinary bodily pain or infirmity. Section 325 covers the eight 'grievous hurt' categories in Section 320 — fractures, permanent disability, loss of organ, severe disfigurement, 20+ days' incapacity. Section 325 carries 7 years vs Section 323's 1 year.

Related IPC Sections

320 : Grievous Hurt...323 : Punishment for Hurt...

Related BNS Sections

113 : Terrorist Act...152 : Sedition / Acts Against State...57 : Criminal Conspiracy...

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