BNS Section 114: Hurt
Section 114 of the Bharatiya Nyaya Sanhita, 2023 defines the legal meaning of hurt. It is a foundational definition used by later provisions dealing with voluntarily causing hurt, grievous hurt, hurt by dangerous weapons or means, and hurt caused for specified unlawful purposes.
Current legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 114 came into force on July 1, 2024.
Text of Section 114 of the Bharatiya Nyaya Sanhita, 2023
114. Hurt.
Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
The official BNS text can be verified through India Code - Bharatiya Nyaya Sanhita, 2023. The Ministry of Home Affairs also provides the official New Criminal Laws page and the BNS commencement notification.
Meaning of hurt under Section 114 BNS
The statutory definition has three alternative elements. Hurt is caused when a person causes any one of the following to another person:
- bodily pain;
- disease; or
- infirmity.
Bodily pain
The expression covers physical pain caused to the body. Section 114 does not require a particular kind of visible injury in its definition; the statutory language focuses on bodily pain itself.
Disease
Disease is expressly included within the definition. Accordingly, conduct that causes disease to another person may fall within the statutory concept of hurt when the legal requirements of the relevant offence are otherwise met.
Infirmity
Infirmity is also expressly included. The term forms part of the statutory definition alongside bodily pain and disease and must be applied according to the facts and judicial interpretation in a particular case.
Section 114 is a definition provision
Section 114 does not itself prescribe a punishment, bail classification or trial court. It defines "hurt." Criminal liability and punishment arise under the later provisions that use this definition, depending on the nature of the conduct and the resulting injury.
Related BNS provisions on hurt
| Section 115 | Defines voluntarily causing hurt and provides the general punishment for voluntarily causing hurt, subject to the statutory exception stated in that section. |
|---|---|
| Section 116 | Specifies the kinds of hurt that are designated as grievous hurt. |
| Section 117 | Deals with voluntarily causing grievous hurt and provides punishment for the specified forms of that offence. |
| Section 118 | Deals with voluntarily causing hurt or grievous hurt by dangerous weapons or means. |
| Section 119 | Deals with voluntarily causing hurt or grievous hurt to extort property or constrain a person to an illegal act. |
| Section 120 | Deals with voluntarily causing hurt or grievous hurt to extort confession or compel restoration of property. |
Difference between hurt and grievous hurt
Section 114 gives the general definition of hurt. By contrast, Section 116 BNS specifies the particular kinds of hurt that alone are designated as grievous hurt. These include, among other listed categories, permanent loss of sight or hearing, loss or permanent impairment of a member or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, and certain life-endangering or prolonged forms of hurt.
Voluntarily causing hurt under Section 115
Section 115(1) BNS provides that a person voluntarily causes hurt when the person does an act with the intention of causing hurt, or with knowledge that the act is likely to cause hurt, and thereby causes hurt.
The general punishment under Section 115(2), subject to the exception stated there, may extend to one year of imprisonment, or fine up to Rs. 10,000, or both. Under the BNSS First Schedule, that general Section 115(2) offence is non-cognizable, bailable and triable by any Magistrate.
Frequently asked questions
What is hurt under Section 114 BNS?
Hurt means causing bodily pain, disease or infirmity to any person.
Does a visible injury have to be shown for Section 114?
The statutory definition itself is framed in terms of bodily pain, disease or infirmity. Whether the evidence establishes hurt in a particular case depends on the facts and the applicable legal principles.
Does Section 114 itself prescribe punishment?
No. Section 114 is a definition provision. Punishment depends on the later offence provision that applies, such as Section 115 for voluntarily causing hurt.
What is the difference between hurt and grievous hurt?
Section 114 defines hurt generally. Section 116 separately lists the kinds of hurt that are legally designated as grievous hurt.
This page is intended as a general legal reference. The applicable offence, punishment, bail status and trial court depend on the specific BNS provision attracted by the facts, not on Section 114 alone.