323 IPC vs 115(2) BNS : With the Bhartiya Nyay Samhita (BNS) 2023 replacing the Indian Penal Code (IPC) on July 1, 2024, most of the criminal provisions have been updated/changed. Among them, the punishment for voluntarily causing hurt has transitioned from Section 323 IPC to Section 115(2) BNS.

This article explains these changes comprehensively with relatable examples for better understanding.

What is Voluntarily Causing Hurt?

Under both IPC and BNS, voluntarily causing hurt involves:

• Intention or Knowledge: A person acts intentionally or with knowledge that their actions are likely to cause harm.
• Physical Consequences: The act results in pain, injury, or infirmity, even if minor.

Key Elements of the Offense: Voluntarily Causing Hurt

The harm caused must be physical and deliberate. Accidental or unintentional actions do not fall under this offense.

Comparison: Section 323 IPC vs. Section 115(2) BNS

Section 323 IPC (Pre-01 July 2024)

Example: A heated altercation leads A to slap B, causing minor injuries like swelling or redness. Under IPC, A could face a maximum punishment of one year imprisonment or a ₹1,000 fine.

Exception: If A acted due to sudden provocation, the punishment may reduce under Section 334 IPC to one month imprisonment or a ₹500 fine.

Section 115(2) BNS (Post- 01 July 2024)

Example: A, angry over a parking dispute, punches B, causing bruises. Post-July 2024, A could be punished with imprisonment up to one year or a fine up to ₹10,000 under BNS.

Exception: If A’s act occurred under “grave and sudden provocation” (Section 122(1) BNS), the punishment may be reduced to one month imprisonment or a ₹5,000 fine.

Important Changes Under BNS

• Higher Fines: The increased fine under Section 115(2) BNS reflects a stricter approach to discourage such offenses.
• Grave Provocation: BNS provides clearer exceptions for acts committed under intense emotional distress, ensuring proportional punishment.

Illustrative Examples : Voluntarily Causing Hurt

Knowledge-Based Hurt:

Scenario: C serves D food containing allergens despite knowing D is allergic. D suffers a reaction.

Analysis: This deliberate act falls under voluntarily causing hurt under both IPC and BNS.

Provoked Hurt:

Scenario: M insults N, and N retaliates by hitting M.

Analysis: If the insult caused grave provocation, N’s punishment could be reduced under Section 122(1) BNS.

Accidental Action Excluded:

Scenario: E accidentally bumps into F, causing F to fall and sustain minor injuries.

Analysis: Since the act was unintentional, neither IPC nor BNS applies.

Group Violence:

Scenario: G, part of a protesting group, throws a stone that injures H.

Analysis: G acted intentionally, making the offense punishable under Section 115(2) BNS.

Procedural Changes or Transition IPC 323 vs 115(2) BNS

Before July 1, 2024: IPC provisions (Section 323) govern offenses.

After July 1, 2024: Cases are governed by BNS (Section 115(2)) as the Procedural law (CrPC) transitions to Bhartiya Nagarik Suraksha Sanhita (BNSS).

Exception: Offenses committed before July 1, 2024, but registered later, follow IPC for substantive law and BNSS for procedures.

Conclusion

The shift from Section 323 IPC to Section 115(2) BNS marks a modernized approach to tackling minor physical harm. While the fundamental definitions remain the same, the legal changes in India 2024 demonstrate a commitment to stricter deterrence, with increased fines and clearer exceptions under the grave and sudden provocation law.

These reforms ensure justice is proportional and tailored to contemporary needs, setting a robust precedent for handling non-cognizable bailable offenses.

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