A Fight Leaves Someone Injured: Section 115-117 BNS vs Section 319-325 IPC

When a fight in India causes injury, the offence is now defined and punished under Sections 114 to 118 of the Bharatiya Nyaya Sanhita, 2023, which replaced Sections 319 to 325 (and 326) of the Indian Penal Code, 1860. The core definitions of hurt and grievous hurt carry over largely unchanged, but the BNS shortens the severe-pain threshold for grievous hurt, raises and specifies fines, and adds two entirely new aggravated categories with no IPC counterpart.

The situation

A fight breaks out between two or more people in India, and one person is injured — anywhere from a bruise to a fracture, a lost tooth, or a more serious injury caused with a weapon or by a group acting together. What offence applies depends on how severe the injury is, whether it was caused voluntarily, and whether a weapon or a group of assailants was involved.

Old law vs new law at a glance

What the law requires now, step by step

Step 1 — Establish whether the injury is "hurt" at all

Section 114 BNS, word for word the same as Section 319 IPC, defines the threshold:

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

Any bodily pain, however minor, meets this definition. Whether it becomes a punishable offence depends on the next step — was it caused voluntarily.

Step 2 — Establish whether the hurt is "grievous"

Section 116 BNS lists eight categories of hurt that qualify as grievous, unchanged in substance from Section 320 IPC, except for one figure. The eighth category reads:

"Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits."

Section 320 IPC fixed this period at twenty days. The BNS's shorter fifteen-day threshold means an injury that leaves the victim in severe pain or unable to work for fifteen days or more now qualifies as grievous hurt, where under the IPC it would have needed twenty days to cross that line.

Step 3 — Apply the punishment for ordinary or grievous hurt

For ordinary voluntarily-caused hurt, Section 115(2) BNS provides:

"shall be punished with 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."

The one-year ceiling matches Section 323 IPC, but the fine ceiling — one thousand rupees under the IPC — is now ten thousand rupees.

For voluntarily-caused grievous hurt, Section 117(2) BNS keeps the same punishment as Section 325 IPC: up to seven years, plus fine.

Step 4 — Check whether an aggravated tier applies

Two categories in Section 117 BNS have no equivalent in the IPC sections read for this guide. Section 117(3) BNS applies where the grievous hurt causes permanent disability or a persistent vegetative state:

"shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life."

Section 117(4) BNS applies where a group of five or more persons, acting in concert, causes grievous hurt to a person on grounds of race, caste, community, sex, place of birth, language, personal belief or a similar ground — each member of the group faces up to seven years, plus fine, regardless of which individual struck the blow.

Step 5 — Check whether a weapon or dangerous means was used

Where the hurt is caused by a weapon for shooting, stabbing or cutting, fire, poison, a corrosive or explosive substance, or an animal, Section 118 BNS applies instead of Section 115 or 117. For simple hurt by such means, Section 118(1) BNS provides for imprisonment up to three years, or a fine now capped at twenty thousand rupees, or both — Section 324 IPC allowed the same three-year term but left the fine unspecified. For grievous hurt by such means, Section 118(2) BNS provides:

"shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine."

Section 326 IPC allowed the same life-or-ten-years range but set no statutory minimum; Section 118(2) BNS adds a floor of not less than one year.

Step 6 — Check whether the offence is bailable

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies each BNS offence for cognizability, bail and the trial court. On that Schedule: simple hurt (Section 115(2) BNS) is non-cognizable and bailable; ordinary grievous hurt (Section 117(2) BNS) is cognizable but still bailable; both new aggravated tiers — permanent disability or persistent vegetative state (Section 117(3)) and group hate-crime hurt (Section 117(4)) — are cognizable, non-bailable, and triable only by the Court of Session; and hurt or grievous hurt by dangerous weapons (Section 118(1) and (2)) is cognizable and non-bailable in both sub-sections. Severity therefore changes the accused's bail position, not only the sentencing range.

What changed — and what did not

• Identical: The definitions of hurt (Section 114 BNS = Section 319 IPC) and of voluntarily causing hurt/grievous hurt (Sections 115(1) and 117(1) BNS = Sections 321 and 322 IPC), save that the illustration to Section 117(1) BNS now reads "fifteen days" where the Section 322 IPC illustration read "twenty days".
• Modified: The grievous-hurt severe-pain threshold shortened from twenty days (Section 320 IPC) to fifteen days (Section 116 BNS); fines raised and specified in rupee terms under Sections 115(2) and 118(1) BNS where the IPC left the amount unspecified or lower.
• Modified: Sections 324 and 326 IPC (two separate sections for weapon-caused hurt and weapon-caused grievous hurt) are restructured into the two sub-sections of a single Section 118 BNS.
• New provision: Section 117(3) BNS — grievous hurt causing permanent disability or persistent vegetative state, minimum ten years up to life. No equivalent found in Section 322 or Section 325 IPC.
• New provision: Section 117(4) BNS — grievous hurt by a group of five or more on discriminatory grounds, up to seven years for each participant. No equivalent found in the IPC sections read.

Which law applies to your case

For the offence and its punishment, the law in force on the date the injury was caused governs, not the date of the FIR or trial. An injury caused before 1 July 2024 is governed by Sections 319 to 326 IPC and their punishment ceilings; an injury caused on or after that date is governed by Sections 114 to 118 BNS, including the shorter fifteen-day grievous-hurt threshold and the two new aggravated tiers. A trial or investigation already pending immediately before 1 July 2024 continues under the old CrPC procedure. The full rule is at Offence Before 1 July 2024: Which Law Applies?.

Practical checklist

For the person injured or accused:

• Note how many days you were in severe pain or unable to follow your ordinary pursuits — under the BNS, fifteen days (not twenty) can be enough for the injury to be classified as grievous.
• If a weapon, fire, poison, corrosive substance, explosive, or an animal was involved, the charge is likely to be framed under Section 118 BNS rather than Section 115 or 117.
• If five or more people acted together and the injury was on discriminatory grounds, each participant can be separately liable under Section 117(4) BNS, not only the person who struck the blow.

For the advocate:

• Cross-check the date of the injury before citing a fine amount — Section 115(2) BNS's ten-thousand-rupee ceiling did not exist under Section 323 IPC, which capped the fine at one thousand rupees.
• When assessing whether an injury is grievous under the BNS, apply the fifteen-day threshold in Section 116(h), not the twenty-day threshold that governed Section 320 IPC cases.
• Where the case involves a group, check whether Section 117(4) BNS's group-liability provision applies before assuming individual liability is the only available charge.

Frequently asked questions

What is the BNS equivalent of Section 319 and Section 320 IPC (hurt and grievous hurt)?

Section 114 BNS defines "hurt" in the same words as Section 319 IPC. Section 116 BNS defines "grievous hurt" using the same eight categories as Section 320 IPC, with one change: the severe-pain/inability-to-follow-ordinary-pursuits category now requires fifteen days rather than the twenty days fixed by Section 320 IPC — a shorter period, making it easier for an injury to qualify as grievous.

Has the punishment for voluntarily causing hurt changed?

The prison term is unchanged — up to one year under both Section 323 IPC and Section 115(2) BNS — but the fine ceiling rises from one thousand rupees under Section 323 IPC to ten thousand rupees under Section 115(2) BNS.

Are there new categories of grievous hurt under the BNS that did not exist under the IPC?

Yes, two, both in Section 117 BNS with no equivalent found in Section 322 or Section 325 IPC. Section 117(3) BNS punishes grievous hurt that causes permanent disability or a persistent vegetative state with rigorous imprisonment of not less than ten years, up to life. Section 117(4) BNS punishes each member of a group of five or more persons who, acting in concert, causes grievous hurt to a person on grounds of race, caste, community, sex, place of birth, language, personal belief or a similar ground, with up to seven years.

What happens if a weapon is used to cause the injury?

Section 118 BNS replaces Sections 324 and 326 IPC. Section 118(1) BNS covers hurt caused by a weapon, fire, poison, corrosive or explosive substance, or an animal — up to three years, or a fine now specified at up to twenty thousand rupees, or both. Section 118(2) BNS covers grievous hurt by the same means — imprisonment for life, or not less than one year and up to ten years, plus fine.

Which law applies if the fight happened before 1 July 2024?

The IPC provisions — Sections 319 to 326 — govern hurt and grievous hurt caused before 1 July 2024; the BNS provisions apply from that date onward. See the full transition rule at Offence Before 1 July 2024: Which Law Applies?.

Which of these hurt offences are bailable under the new law?

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: simple hurt under Section 115(2) BNS is non-cognizable and bailable; grievous hurt under Section 117(2) BNS is cognizable but still bailable; the two new aggravated tiers, Section 117(3) (permanent disability/vegetative state) and Section 117(4) (group hate-crime hurt), are both cognizable and non-bailable, triable by the Court of Session; hurt or grievous hurt by dangerous weapons under Section 118(1)-(2) is cognizable and non-bailable in both sub-sections.

Related on Veritect

• Offence Before 1 July 2024: Which Law Applies?
• Fatal Road Accident and Hit-and-Run: Section 106 BNS vs Section 304A IPC
• Attempt to Suicide: Section 309 IPC Dropped, Section 226 BNS
• IPC to BNS: Complete Section Mapping
• Section 323-326 IPC vs Section 115-118 BNS — Hurt and Grievous Hurt (IPC 319-326)

Statutory sources

• Indian Penal Code, 1860 — Section 319 (Hurt); Section 320 (Grievous hurt); Section 321 (Voluntarily causing hurt); Section 322 (Voluntarily causing grievous hurt); Section 323 (Punishment for voluntarily causing hurt); Section 324 (Voluntarily causing hurt by dangerous weapons or means); Section 325 (Punishment for voluntarily causing grievous hurt); Section 326 (Voluntarily causing grievous hurt by dangerous weapons or means)
• Bharatiya Nyaya Sanhita, 2023 — Section 114 (Hurt); Section 115 (Voluntarily causing hurt); Section 116 (Grievous hurt); Section 117 (Voluntarily causing grievous hurt); Section 118 (Voluntarily causing hurt or grievous hurt by dangerous weapons or means) — text cross-checked against the Gazette of India Extraordinary, Part II Section 1 (CG-DL-E-25122023-250883)
• Bharatiya Nagarik Suraksha Sanhita, 2023 — First Schedule (Classification of Offences), entries for Section 115(2), 117(2)-(4) and 118(1)-(2) BNS, from the Gazette of India Extraordinary, Part II Section 1 (CG-DL-E-25122023-250884)

This guide explains the statutory text of the BNS, BNSS and BSA as enacted. It is not legal advice; for a specific case, consult an advocate.