Definition
Causing bodily pain, disease, or infirmity to another person.
Whoever causes bodily pain, disease, or infirmity to any person is said to cause hurt — the basic form of physical injury recognised in criminal law.
Statutory Definition
BNS 2023, Section 115 (formerly IPC Section 319).
Etymology & Origin
From Old French 'hurter' (to strike, knock against — of Germanic origin). 'Hurt' entered English as a physical impact term — the act of striking another. In law, 'hurt' has been defined specifically to cover causing bodily pain, disease, or infirmity — a statutory definition that goes beyond the ordinary meaning of the word.
Full Legal Analysis
Hurt is the basic offence of causing bodily injury in Indian criminal law. Section 115 of the BNS, 2023 (formerly Section 319 IPC) defines hurt as: whoever causes bodily pain, disease, or infirmity to any person, is said to cause hurt. The definition encompasses three categories: (1) Bodily pain — any physical pain caused to the body, however slight; (2) Disease — causing any illness or infection; and (3) Infirmity — causing any impairment of normal physical function, whether permanent or temporary. Even a very slight physical injury that causes pain is sufficient to constitute hurt.
Voluntarily causing hurt (Section 115 BNS punishes hurting): the hurt must be voluntarily caused. Section 115 BNS punishes whoever voluntarily causes hurt with imprisonment up to 1 year, or fine up to Rs. 10,000, or both. 'Voluntarily' means with the intention of causing hurt or with the knowledge that the act is likely to cause hurt. If a person causes hurt unintentionally (e.g., in a road accident), the charge may be negligent driving causing hurt under the MV Act rather than voluntary hurt under the BNS.
The Supreme Court held that the distinction between hurt and grievous hurt depends on the nature and degree of the injury, not merely the weapon used. A blow with a dangerous weapon that happens to cause only a minor injury is punishable under the hurt provisions — not automatically grievous hurt merely because a dangerous weapon was used. The Court also held that where a dangerous weapon capable of causing death is used, though grievous hurt is not caused, the accused may be charged under Section 326 IPC (voluntarily causing hurt by dangerous weapon — now corresponding to BNS provisions). The judgment clarifies that the injury actually caused, not the weapon used, determines whether the charge is hurt or grievous hurt.
Aggravated forms of hurt: (1) Hurt by dangerous weapon — using any instrument that, when used as a weapon of offence, is likely to cause death or grievous hurt; (2) Hurt to extort property or confession — a more severe charge; (3) Grievous hurt (Section 116 BNS) — a higher category of hurt covering specific serious injuries (fractures, permanent disfigurement, etc.). The police file charge sheets under the appropriate section depending on the nature of the injury and the weapon used.
Consent as a defence: consent of the victim to the act that caused hurt may be a defence under Section 26 BNS (acts not intended to cause death, done by consent). Surgical operations, sports contact, and tattooists are examples where consent negates hurt liability. However, consent is not available where the act was intended to cause grievous hurt or death.
For advocates, hurt cases arise in: (1) street altercations — brawls, domestic violence, assault cases; (2) medico-legal examinations — the MLC report is crucial evidence of the injury; (3) compounding — hurt (simple) is a compoundable offence under the BNS, allowing the victim and accused to settle and withdraw the case; and (4) as part of more serious charges — hurt is often charged alongside robbery, criminal intimidation, or unlawful assembly.
This Term in Indian Statutes
Bharatiya Nyaya Sanhita, 2023, 2023
"Whoever causes bodily pain, disease or infirmity to any person, is said to cause hurt. Whoever voluntarily causes hurt shall be punished with 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."
Hari Kishan: actual injury, not weapon, determines hurt vs grievous hurt; bodily pain, disease, infirmity = three categories; compoundable offence; consent defence; dangerous weapon aggravation
