Section 115 BNS (Formerly 323/325 IPC) Voluntary Hurt Case in Odisha
Simple and grievous hurt cases under IPC 323/325 now fall under Section 115 BNS. Whether you are the victim of an assault or have been accused, here is what the new law says and how to proceed in Odisha.
By Advocate Debarchana Samal · 22 July 2026 · 8 min read
What is Section 115 BNS?
With the Bharatiya Nyaya Sanhita (BNS) 2023 replacing the Indian Penal Code from July 2024, the old familiar sections that clients used to ask me about — 323 IPC and 325 IPC — have been renumbered and reorganised. Section 115 BNS now governs the offence of voluntarily causing hurt, with sub-section 115(1) dealing with the basic act of causing hurt and 115(2) specifically punishing voluntary hurt in the manner that corresponds to old Section 323 IPC. Grievous hurt, previously under Section 325 IPC, now falls under Section 117 BNS. If you have been slapped, pushed, hit, or injured in a scuffle in Cuttack, Bhubaneswar, or anywhere in Odisha — or if you are facing an accusation of causing such injury — these are the provisions that apply to your case today.
Simple Hurt vs Grievous Hurt: The Critical Distinction
The single most important factor in any hurt case is whether the injury qualifies as "simple" or "grievous." This distinction decides the punishment, the bail process, and even whether the case can be settled.
Simple Hurt — Section 115(2) BNS
What qualifies: Minor bruises, cuts, slaps, pain without lasting damage. Corresponds to old Section 323 IPC.
Bailable, compoundable, punishment up to 1 year or fine or community service.
Grievous Hurt — Section 117 BNS
What qualifies: Fracture, dislocation, permanent disfigurement, loss of sight/hearing, injury endangering life. Corresponds to old Section 325 IPC.
Bailable in most cases, non-bailable with weapons; punishment up to 7 years and fine.
Why the Medical Certificate Decides the Case
In almost every hurt case I have handled, the outcome hinges on the Medico-Legal Case (MLC) report prepared by the government hospital doctor. The doctor's classification of the injury as "simple" or "grievous" on this report often becomes the deciding factor for the police in framing charges and the court in deciding bail and sentence. If you are the victim, get medical examination done immediately — do not delay, since injuries fade and the strength of your case fades with them. If you are the accused, your lawyer needs the MLC report at the earliest to assess whether the classification is accurate, since injuries are sometimes exaggerated in the report or the complaint.
Is a Hurt Case Bailable?
Yes, in most circumstances. Simple hurt under Section 115(2) BNS is bailable — the police are legally required to release the accused on bail without needing to approach a court. Grievous hurt under Section 117 BNS is also generally bailable, but if the hurt was caused using a dangerous weapon, acid, or in the course of another serious offence, the case may become non-bailable, requiring a formal bail application before the Sessions Court or Judicial Magistrate in Cuttack. This is exactly the kind of situation where a criminal lawyer needs to step in quickly, since a wrongly labelled case can lead to unnecessary custody.
Compounding: Settling a Hurt Case Out of Court
One of the most practical aspects of hurt cases is that they are largely compoundable — meaning the complainant and the accused can reach a settlement, and with the court's permission, the criminal case can be closed. This is especially common in disputes between neighbours, relatives, or colleagues where the incident was a one-off flare-up rather than premeditated violence. If both sides genuinely wish to resolve the matter, a properly drafted compounding petition, filed by an experienced advocate, can save years of court appearances and legal expense. I have guided many Cuttack families through exactly this process, helping them move on from a moment of conflict rather than getting trapped in prolonged litigation.
When You Need a Lawyer
Step-by-Step: Handling a Section 115 BNS Case
Get a medical examination and MLC done immediately
Whether you are the injured party or disputing the extent of injury, an immediate MLC from a government hospital is the strongest evidence in the case. Delay weakens the medical trail significantly.
Consult a criminal lawyer before giving any statement
Contact a criminal lawyer in Cuttack before speaking to the police in detail, whether you are lodging the complaint or have been named as an accused. What you say early shapes the whole case.
Assess whether the injury is simple or grievous
Your lawyer will examine the medical report carefully to determine the correct classification, since punishment, bail eligibility, and compounding options all differ between simple and grievous hurt.
Apply for bail if arrested
Most Section 115(2) simple hurt cases are bailable as a matter of right. Grievous hurt under Section 117, especially involving weapons, may require a formal bail application before the Sessions Court.
Explore compounding or settlement where possible
Many hurt cases, especially between neighbours, colleagues, or family members, can be compounded with court permission, allowing both sides to move forward without a prolonged trial.
Important warning: Never assume a "small" hurt case will resolve itself. A poorly worded FIR, an exaggerated medical certificate, or an unrepresented first hearing can escalate matters or lock you into an unfavourable position. Get legal advice at the earliest stage, even if the injury seems minor.
Facing a Hurt or Assault Case in Cuttack or Odisha?
Advocate Debarchana Samal handles Section 115 and Section 117 BNS hurt cases, bail applications, and compounding petitions across Odisha courts. Contact us for a confidential consultation on your case.
Frequently Asked Questions
Is Section 115 BNS the same as Section 323 IPC?
Section 115(2) BNS corresponds to the old Section 323 IPC for simple hurt, while Section 117 BNS corresponds to Section 325 IPC for grievous hurt. The punishment structure is largely similar but BNS introduces changes in fine amounts and, for certain categories, community service as an alternative sentence.
Is a Section 115 BNS case bailable?
Simple hurt under Section 115(2) BNS is bailable and police must grant bail on personal bond. Grievous hurt under Section 117 BNS is bailable in most instances too, but becomes non-bailable if combined with dangerous weapons or acid, requiring a court bail application.
Can a Section 115 BNS hurt case be settled out of court?
Yes. Simple hurt cases are compoundable — the complainant and accused can settle with court permission and the case can be closed. Grievous hurt is compoundable in certain circumstances with permission of the court. A lawyer can guide you through the compounding petition.
What is the punishment for voluntary hurt under Section 115 BNS?
Simple hurt under Section 115(2) BNS can attract imprisonment up to one year, fine up to ten thousand rupees, or community service. Grievous hurt under Section 117 BNS carries higher punishment, up to seven years imprisonment and fine.
When does a simple hurt case escalate to attempt to murder?
If evidence shows the accused intended to kill or knew the act was likely to cause death — such as using a deadly weapon or targeting a vital organ — police or courts can invoke Section 109 BNS (attempt to murder), a serious non-bailable offence requiring immediate legal representation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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