Hurt is the offence of causing bodily pain, disease, or infirmity to any person. Under Indian law, hurt is defined in Section 319 of the Indian Penal Code, 1860 (now Section 114 of the Bharatiya Nyaya Sanhita, 2023) and is punishable with imprisonment up to one year, fine up to ten thousand rupees, or both.
Legal definition
Section 319 IPC (Section 114 BNS) provides:
Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
This definition is deliberately broad and encompasses three distinct forms of harm:
- Bodily pain: Any physical suffering, however temporary. This includes slapping, punching, kicking, or any act that causes physical discomfort. The pain need not be severe or lasting.
- Disease: Communicating a disease to another person. This includes knowingly transmitting an infectious disease.
- Infirmity: Causing temporary or permanent inability of any organ to perform its normal function. This encompasses conditions like temporary blindness, deafness, or impairment of a limb.
Punishment: Section 323 IPC (Section 115 BNS) prescribes punishment for voluntarily causing hurt — 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.
Voluntarily causing hurt: Section 321 IPC (Section 114 BNS) provides that whoever does any act with the intention of causing hurt to any person, or with the knowledge that the act is likely to cause hurt to any person, and does thereby cause hurt to any person, is said to "voluntarily cause hurt."
Hurt by dangerous weapons: Section 324 IPC (Section 118 BNS) provides enhanced punishment — imprisonment up to three years, or fine, or both — when hurt is caused by shooting, stabbing, cutting, or using fire, poison, corrosive substance, explosive, or any instrument which, used as a weapon of offence, is likely to cause death.
How courts have interpreted this term
Hari Singh v. Sukhbir Singh [(1988) 4 SCC 551]
The Supreme Court held that for an offence under Section 323 IPC, it is not necessary that the victim should have sustained visible injuries. Bodily pain, even without external marks, is sufficient to constitute hurt. The testimony of the victim regarding the experience of pain is relevant evidence.
Arjun Ram v. State of Rajasthan [(1984) — Supreme Court]
The Court clarified the distinction between hurt and grievous hurt, holding that the nature of the injury — not the weapon used — determines the classification. A blow with a dangerous weapon that results only in simple hurt is punishable under Section 324 IPC (hurt with dangerous weapon), not under the grievous hurt provisions.
Laxman v. State of Maharashtra [(2002) 6 SCC 710]
While primarily concerning dying declarations, the Court observed that the definition of hurt under Section 319 is inclusive, covering any bodily pain irrespective of its duration or intensity. The threshold is deliberately kept low to ensure comprehensive protection of bodily integrity.
Why this matters
Hurt is the foundational offence in the hierarchy of bodily harm under Indian criminal law. It serves as the baseline from which more serious offences — grievous hurt, culpable homicide, and murder — are distinguished. Understanding the definition of hurt is essential because it determines whether an act crosses the threshold from a civil wrong (tort) into criminal territory.
For practitioners, the distinction between simple hurt (Section 323 IPC / Section 115 BNS) and hurt by dangerous weapons (Section 324 IPC / Section 118 BNS) is important for both charging and sentencing. The maximum punishment triples from one year to three years when a dangerous weapon is involved, even if the resulting injury is the same.
Hurt offences are compoundable — meaning the complainant and accused can settle the matter and the case can be withdrawn with the court's permission. This makes plea negotiation and settlement a practical option in many hurt cases, unlike serious offences such as murder or grievous hurt.
Related terms
Specific type:
Related offences:
Related defences:
Frequently asked questions
What is the difference between hurt and grievous hurt?
Hurt under Section 319 IPC (Section 114 BNS) covers any bodily pain, disease, or infirmity. Grievous hurt under Section 320 IPC (Section 114(1) BNS) is limited to eight specific types of severe injury: emasculation, permanent loss of sight or hearing, loss of limb or joint, permanent impairment, permanent disfigurement of head or face, fracture or dislocation, and life-endangering hurt.
Is hurt a bailable offence?
Yes. Voluntarily causing hurt under Section 323 IPC (Section 115 BNS) is a bailable, non-cognizable, and compoundable offence. The accused can obtain bail as a matter of right. However, hurt by dangerous weapons under Section 324 IPC (Section 118 BNS) is cognizable and non-bailable.
Can mere verbal abuse constitute hurt?
No. Verbal abuse, however offensive, does not constitute hurt under Section 319 IPC unless it directly causes a physical condition such as a heart attack or seizure. Verbal abuse may, however, constitute criminal intimidation under Section 503 IPC (Section 351 BNS) or intentional insult under Section 504 IPC (Section 352 BNS).
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.