IPC 325 in the new BNS 2023

If you have been named in an FIR or notice under this section, the section number alone does not decide the outcome — the facts, the evidence and the procedure do. Many cases turn on procedural lapses, bail strategy and the exact ingredients of the offence.

Grievous hurt is not a matter of impression about how bad an injury looked — it is a closed statutory list, and whether an injury is on that list decides whether a case is a minor magistrate's matter or a serious one carrying seven years. Under the BNS the definition sits at Section 116 and the punishment at Section 117(2).

What the section requires

For the offence to be made out, these ingredients have to be established:

• the accused caused hurt to another person
• the hurt falls within the statutory definition of grievous hurt
• the act was voluntary, meaning the accused intended to cause grievous hurt or knew it was likely

What changed from the IPC

The offence and the punishment are carried over without substantive change: imprisonment of up to seven years together with a fine, the same as under IPC 325. The definition of grievous hurt is likewise retained. The BNS did reorganise the hurt provisions into a cleaner sequence running from Section 114 to Section 125, which makes the relationship between simple hurt, grievous hurt, hurt by dangerous weapons and the aggravated forms considerably easier to follow than it was under the IPC.

How this section is distinguished from related offences

The line between simple hurt under BNS 115 and grievous hurt under BNS 117 is the question these cases turn on, and it is answered by the statutory list rather than by argument. Grievous hurt covers emasculation, permanent loss of sight in either eye, permanent loss of hearing in either ear, loss of a limb or joint, destruction or permanent impairment of the powers of a limb or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, and any hurt that endangers life or causes the sufferer to be in severe bodily pain or unable to follow their ordinary pursuits for twenty days. An injury outside that list is simple hurt, punishable with one year. Where a dangerous weapon or means was used, the offence moves to BNS 118, which carries a mandatory minimum and can extend to life.

How the case proceeds

The offence is cognizable and non-bailable and is tried by a magistrate. Because everything turns on the classification of the injury, the medico-legal report is the decisive document in the file, and where the classification is disputed the examining doctor is an important witness. Fractures are the most common route into this section, since a fracture of any bone or tooth is on the list regardless of how serious it appears clinically.

Evidence that usually decides these cases

The medico-legal certificate and the underlying clinical record decide these cases. What matters is the nature, number and location of the injuries, their age relative to the alleged incident, and the classification made by the examining doctor. Where a fracture is relied on, the X-ray or scan and the radiologist's report are the objective evidence, and the twenty-day disability limb requires evidence of the period the victim was actually unable to follow their ordinary pursuits, which is often supported by treatment records and by evidence of absence from work. Delay between the incident and the medical examination weakens the connection between the two and is invariably raised. Where both parties bear injuries, the pattern of injuries on each side is used to reconstruct who was the aggressor.

How courts approach sentencing

Imprisonment of either description for a term which may extend to seven years, together with a fine. Sentencing reflects the permanence of the injury, whether it was inflicted in a sudden quarrel or with preparation, and the relationship between the parties. Because the offence is compoundable in many circumstances with the court's permission, a substantial proportion of these matters are settled.

Defences that commonly apply

The most productive defence is usually reclassification: establishing through the medical evidence that the injury does not fall within the statutory list, which reduces the offence to simple hurt under BNS 115 with its one-year maximum. Private defence is the common answer where both sides were injured, and it requires that the force used was proportionate to a reasonable apprehension of harm. Absence of the voluntary element is available where the injury was accidental or where the accused neither intended grievous hurt nor knew it was likely — a single push resulting in a fall and a fracture raises exactly this question. Where the complaint is a counterblast to an earlier complaint, the sequence of the two FIRs becomes significant.

How a case under this section typically progresses

The case begins with a complaint and a medical examination, and the injury report generated then frames everything that follows. Investigation and a charge sheet follow, with trial before a magistrate. Because the offence is non-bailable, bail is contested early. Where the parties settle, compounding with the court's permission disposes of many of these matters, and where cross-complaints have been filed by both sides the two cases are commonly heard together.

Documents worth gathering early

Obtain the complete medical record rather than the discharge summary alone — the medico-legal certificate, the wound certificate, imaging and radiology reports, treatment notes and any follow-up records, since the classification of the injury is the whole case. Where the twenty-day limb is relied on, collect evidence of the actual period of incapacity, including treatment records and proof of absence from work or studies. Photographs of the injuries taken close to the incident are valuable because they are dated. Request CCTV from the location in writing immediately. Where there are injuries on both sides, obtain the medical records for both, since the pattern of injuries is what establishes who was the aggressor.

Note on bail and cognizability. Whether an offence is cognizable, and whether it is bailable, is set by the First Schedule to the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, not by the BNS section itself. Because that classification decides whether police can arrest without a warrant and how bail is approached, check it for your specific section with an advocate rather than relying on a general summary.

If you have been named under this section

The single most important step is obtaining the complete medical record rather than the summary, because the classification of the injury as simple or grievous is what determines the seriousness of the charge, and that classification is sometimes made on an initial examination and revised later. Where a fracture is alleged, the imaging itself matters, since the presence or absence of a fracture is objectively verifiable in a way that most contested facts are not. Where injuries exist on both sides, cross-complaints are usual and the sequence of events becomes the contested question.

Common misunderstandings

"A serious-looking injury is grievous hurt."
Grievous hurt is a closed statutory list. An injury that looks severe but is not on the list, does not endanger life, and does not disable the victim for twenty days, is simple hurt.

"A minor fracture is not grievous hurt."
A fracture or dislocation of any bone or tooth is expressly on the list. Its clinical severity does not change the classification.

"The punishment increased under the BNS."
It did not. The maximum remains seven years and a fine, exactly as under IPC 325.

"Grievous hurt always means a weapon was used."
It does not. Where a dangerous weapon or means was used the offence falls under BNS 118, which is a separate and more serious provision carrying a mandatory minimum.

Related BNS sections

• BNS 117 — Voluntarily causing grievous hurt
• BNS 116 — Grievous hurt defined
• BNS 115 — Voluntarily causing hurt (IPC 323)
• BNS 118 — Hurt or grievous hurt by dangerous weapons (IPC 324, 326)

Which code applies to your case

The Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code 1860 with effect from 1 July 2024, and the change is not retrospective. The date the offence is alleged to have been committed decides which code governs it. An offence alleged to have occurred on or after 1 July 2024 proceeds under the BNS. An offence alleged to have occurred before that date continues to be investigated, tried, appealed and punished under the IPC, even where the FIR was registered later. Cases from the transition period frequently cite both numbering systems, which is why the old section number remains worth knowing.

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General information for understanding the IPC→BNS change, not legal advice. The BNS restructured many offences — confirm the exact section, sub-section and punishment with a licensed advocate.