Section 323 IPC, Now BNS Section 115(2): Voluntarily Causing Hurt, Punishment and Bail

The hurt offences moved from Sections 319 to 338 IPC into Sections 114 to 125 BNS from 1 July 2024. Old FIRs continue under the IPC number, so people still search 323, while a fresh FIR is now Section 115(2) BNS. The table sets out the mapping that matters.

The distinction between simple hurt (323 IPC, now 115(2) BNS) and grievous hurt (325 IPC, now 117 BNS) decides everything, because grievous hurt is a far more serious, non-bailable-leaning offence. Getting the injury wrongly classified is the most common unfairness we correct, and where the classification is plainly wrong, a reading of how sections are chosen in an FIR helps explain the pattern.

Section 323 is one of the least severe offences against the body, and its classification is what makes it manageable. The punishment for voluntarily causing hurt is imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.

Because it is bailable, you are entitled to bail, and because it is compoundable, the matter can be settled with the complainant. The concern arises only when 323 travels with a non-bailable section. For the meaning of terms like bailable, cognizable, and compoundable, see our legal glossary. If arrest is a worry because heavier sections are attached, move early for anticipatory bail.

To convict under Section 323, the prosecution must prove that the accused voluntarily caused hurt, that is, caused bodily pain, disease, or infirmity, and did so intentionally or with knowledge that hurt was likely. The defences that work most often are practical, not technical.

• Right of private defence: If you caused hurt while defending yourself or another from an assault, the act may be fully protected in law.
• No injury or medical support: A 323 case with no injury report or a contradictory medical examination is weak, since hurt must actually be shown.
• Exaggeration or false implication: In quarrels between families or neighbours, all sides are frequently named. A close look at the injury report often shows the allegation is inflated.
• Cross-cases: Where both sides have filed FIRs, the genuine aggressor has to be identified from the medical and the earliest complaint.

Where the FIR piles on a grievous-hurt or attempt section without any medical basis, the right step is often to challenge it, and our note on Section 307 attempt to murder explains how over-charging is tested. For a settlement route, 323 being compoundable lets the parties close the matter with the court's involvement.

Because the offence is bailable and non-cognizable, the process is usually less alarming than clients fear, provided it is handled correctly.

1. Read the FIR sections. Confirm it is only 323 IPC or 115(2) BNS, and check whether any non-bailable section (like 307 or a grievous-hurt section) has been added.
2. Secure bail. For a purely bailable 323 matter, bail is a right. If heavier sections are attached, apply for anticipatory bail.
3. Get the medical record. The injury report or its absence usually decides the case.
4. Consider compounding. Since 323 is compoundable, a lawful settlement with the complainant can end the matter.
5. Assess quashing. Where the FIR is a counterblast in a family or property fight with no real injury, a petition to quash under Section 528 BNSS, formerly Section 482 CrPC, may be appropriate.

Local practice matters, and our page for a criminal lawyer in Lucknow explains how we handle hurt and assault cases in the Lucknow courts. If you are unsure how serious your FIR really is, a short consultation through the contact page will place it correctly.

Advocate Onkar Pandey (Bar Council of UP enrolment number UP 4825-1999) practises before the Allahabad High Court, Lucknow Bench, with a focus on criminal defence, hurt and assault cases, bail, and FIR quashing across Lucknow and the wider Awadh region. He regularly defends clients named in Section 323 IPC and Section 115 BNS hurt FIRs, secures bail, resists over-charging into grievous-hurt or attempt sections, and settles compoundable matters lawfully.

Chamber A-406, High Court, Lucknow, Awadh Bar, UP 226001. Phone +91 98392 71553. Email advonpandey@gmail.com. This article is general legal information and not a substitute for advice on your specific facts. To discuss a hurt or assault case, please use the contact page.