You got into a fight. Maybe someone slapped you. Maybe you slapped someone. Either way, the police are involved and someone mentions “Section 323.” But here’s the catch. That section doesn’t exist anymore. India’s criminal law just went through its biggest overhaul in decades. The old Indian Penal Code is now the Bharatiya Nyaya Sanhita, and everything has a new number.
Don’t panic. The offence is still there. The punishment is still the same. What changed is where you find it and how the case moves forward. This article walks you through exactly that, without the legal jargon overload.
Overview
For decades, Section 323 IPC was the go-to provision for simple physical altercations. A punch, a shove, a slap, if it caused hurt without a weapon and without grievous injury, it landed under this section. Courts across India dealt with thousands of these cases every year. Most were neighbour disputes, family conflicts, or roadside arguments that escalated.
The Bharatiya Nyaya Sanhita, which came into force on July 1, 2024, replaced the IPC entirely. Section 323 IPC in BNS now lives as Section 115(2). The core definition of voluntarily causing hurt remains untouched. What shifted is the procedural landscape around it. Filing, trial, bail, compromise, all of these now follow new rules under the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam.
Section 115(2) BNS: Voluntarily Causing Hurt
Section 115(2) BNS punishes voluntarily causing hurt with imprisonment up to one year, a fine up to ten thousand rupees, or both. That’s identical to the old Section 323 IPC. No change in sentencing. No change in the definition either.
Hurt under BNS means bodily pain, disease, or infirmity caused to another person. The word “voluntarily” matters a lot here. It means the accused intended to cause hurt or knew that their act was likely to cause it. A stray accident doesn’t qualify. Intent is what the prosecution must prove.
This is still a bailable criminal offence. It’s also non-cognizable, which means the police cannot arrest without a warrant or investigate without a Magistrate’s order. That single fact changes how you respond if you’re accused.
Key Changes from IPC 323
The offence looks the same on paper. The journey through court looks very different now.
First, complaint cases under the new system follow Section 223 BNSS instead of the old CrPC provision. If the police refuse to act on your complaint, you now approach the Magistrate directly under this section. The pathway is clearer than before.
Second, compromise has a new home. Section 359 BNSS governs compounding of offences. Since voluntarily causing hurt is compoundable, both parties can settle the matter without a full trial. This is common in neighbourhood and domestic disputes. Courts generally encourage it for simple hurt offences.
Third, digital evidence now plays a bigger role. Under Section 63 of the Bharatiya Sakshya Adhiniyam, an electronic evidence certificate is required to admit digital records in court. So if your case involves CCTV footage or a video on someone’s phone, that footage needs proper certification before it becomes valid evidence.
Fourth, bail procedure now falls under Section 480 BNSS. Since this is a bailable offence, your right to bail is almost automatic. You don’t need to beg the court for it. You claim it as a matter of right at the police station itself.
Non-Cognizable Procedure & NBW
Here’s something many people get wrong. Because Section 115(2) BNS is non-cognizable, the police cannot walk into your house and arrest you just because someone filed a complaint. They need a warrant. That’s your legal shield, and it’s significant.
If someone files an NCR, which stands for non-cognizable report, the police record the complaint but cannot investigate without Magistrate permission. The complainant must usually file a private complaint before a Magistrate to move things forward.
Now, what about a non-bailable warrant, or NBW? An NBW can be issued if you ignore court summons repeatedly. Don’t do that. Ignoring court notices in a simple hurt case can turn a manageable situation into a serious one. Appear when called. That’s the simplest advice any lawyer will give you.
The Magistrate can also authorize investigation under Section 155 BNSS if they find reason. That brings the police back into the picture. So the non-cognizable status protects you at the start but isn’t a permanent wall.
Defending Against ‘Simple Hurt’ Allegations
Facing a simple hurt offence allegation doesn’t mean the case is simple to fight. There are real defenses available, and using them well requires preparation.
The right of private defense under BNS is one of the strongest arguments when facts support it. If you were protecting yourself or someone else from an unlawful attack, the law permits a proportionate response. Document everything. Medical records, witness statements, and any prior threats matter enormously.
A simple injury MLC, or medico legal certificate, is often the backbone of the prosecution’s case. Study it carefully. Inconsistencies in the injury description, timing, or examination details can weaken the complaint. If the MLC shows old injuries or doesn’t match the alleged incident, that’s worth challenging.
Anticipatory bail under BNSS is another tool worth knowing. Even though this is a bailable offence, situations can escalate. If you fear arrest in connection with a related non-bailable charge or a more serious allegation arising from the same incident, anticipatory bail gives you protection before any arrest happens.
Also consider whether an illegal arrest without warrant has already occurred. If police arrested you in a non-cognizable case without proper authority, that arrest is challengeable. Document it. File a complaint. It can affect the entire prosecution narrative.
Critical Pitfalls for Practitioners
Lawyers handling these cases sometimes underestimate them. A Section 115(2) BNS matter might seem minor, but small mistakes can hurt your client badly.
Skipping the MLC review is a common error. Many advocates assume the injury certificate supports the prosecution and don’t scrutinize it. That’s a mistake. The certificate is a double-edged document.
Missing the compounding window is another pitfall. Section 359 BNSS allows compromise, but there are procedural steps. If the parties want to settle, do it at the right stage. Delay can complicate things unnecessarily.
Plea bargaining under BNSS is available for offences punishable with up to seven years. That covers this offence. If the accused wants a faster resolution and acknowledges the act in some form, plea bargaining through the Magistrate court is a legitimate option worth discussing.
Never ignore summons. As mentioned earlier, repeated absence triggers NBW proceedings. That transforms a bailable matter into something far more inconvenient for the client.
Trial and Evidence Strategy
Most Section 115(2) BNS cases go through summary trial procedure. Under Section 283 BNSS, Magistrates can use summary proceedings for offences carrying up to three years of imprisonment. That means faster hearings, simpler records, and quicker disposal.
The prosecution must establish that hurt occurred, that it was caused voluntarily, and that the accused caused it. Three things. If any one of those three breaks down, the case struggles.
Cross-examination of the complainant and the doctor who issued the MLC is often the most critical part of defense strategy. Probe the timeline. Probe the nature of injuries. Look for contradictions between the complaint, the MLC, and witness statements.
Grievous hurt under Section 117 BNS is a different and more serious offence. If the prosecution tries to upgrade the charge midway through the trial, challenge that immediately. Make sure the court applies the correct section based on actual injury, not the complainant’s narrative.
If digital evidence is involved, always check for the Section 63 BSA certificate. Without it, the footage or recording is not admissible. This is a newer requirement that many practitioners overlook in early cases under the new law.
FAQ’s
What is the replacement for Section 323 IPC under the new law?
Section 323 IPC is now Section 115(2) of the Bharatiya Nyaya Sanhita. The punishment and definition remain the same.
Is Section 115(2) BNS a bailable offence?
Yes, it is bailable and non-cognizable. You can claim bail as a right at the police station without requiring a court order.
Can the police arrest someone directly under Section 115(2) BNS?
No. Since it is a non-cognizable offence, police cannot arrest without a warrant or investigate without Magistrate permission.
Can this case be settled out of court?
Yes. The offence is compoundable under Section 359 BNSS. Both parties can compromise and the Magistrate can close the case accordingly.
What is the role of an MLC in a hurt offence case?
The medico legal certificate documents the injuries and is key evidence. Both sides should examine it carefully as inconsistencies can affect the outcome significantly.
