Section 319 IPC: Meaning of Hurt and Corresponding Section 114 BNS
Section 319 of the Indian Penal Code, 1860, defines hurt. The corresponding definition under the Bharatiya Nyaya Sanhita, 2023, is in Section 114. The definition is important for identifying offences involving physical injury, disease and bodily infirmity.
Exact definition under Section 319 IPC
319. Hurt. Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
This is the original statutory definition reproduced from the supplied webpage. It defines a legal concept; it does not by itself prescribe a sentence of imprisonment or fine.
Section 114 BNS: Current definition of hurt
114. Hurt. Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
Section 114 of the Bharatiya Nyaya Sanhita, 2023, carries forward the substantive definition in Section 319 IPC. The three alternatives are bodily pain, disease and infirmity. Proof of any one may establish hurt where the remaining legal requirements are satisfied.
Meaning and elements of hurt
- Bodily pain: Physical pain caused to another person, including pain that does not leave a visible mark.
- Disease: A disease caused or transmitted to another person in circumstances satisfying the relevant legal requirements.
- Infirmity: An impairment or weakening of bodily function, which may be temporary or lasting depending on the facts.
- Causation: The prosecution must establish the connection between the accused person's act and the bodily pain, disease or infirmity alleged.
The definition of hurt does not automatically establish the separate mental element needed for voluntarily causing hurt. That question is governed by the relevant offence provision.
Illustrative situations
- A person strikes another and causes physical pain even though no bruise is visible.
- An act causes another person to suffer bodily infirmity or impairment.
- Conduct causes disease, where the evidence establishes the required causal connection and the ingredients of the charged offence.
These examples explain the definition; whether a particular act constitutes a punishable offence depends on evidence, intent or knowledge where required, applicable exceptions and the specific section charged.
Does Section 319 IPC prescribe punishment?
No. Section 319 IPC and Section 114 BNS are definitional provisions. For ordinary voluntarily causing hurt, the relevant provisions are Section 323 IPC and Section 115(2) BNS, respectively. Other provisions can apply when weapons, dangerous means, specified victims, grave injuries or special circumstances are involved.
| Subject | IPC, 1860 | BNS, 2023 |
|---|---|---|
| Definition of hurt | Section 319 | Section 114 |
| Voluntarily causing hurt | Section 321 | Section 115(1) |
| General punishment for voluntarily causing hurt | Section 323: up to one year, or fine up to Rs. 1,000, or both | Section 115(2): up to one year, or fine up to Rs. 10,000, or both |
| Definition of grievous hurt | Section 320 | Section 116 |
| Voluntarily causing grievous hurt | Section 322 | Section 117(1) |
Difference between hurt and grievous hurt
Every grievous hurt involves serious injury of a kind specified by statute, but every hurt is not grievous hurt. Section 320 IPC and Section 116 BNS enumerate particular categories of grievous hurt, including certain permanent losses or impairments, fractures and other specified serious injuries. A medical certificate describing an injury as simple or grievous is important evidence, but the statutory requirements remain decisive.
Evidence and legal assessment
Evidence may include the injured person's testimony, medical examination, treatment records, photographs, witness statements and other reliable material. The absence of a visible injury does not necessarily rule out bodily pain; conversely, an allegation alone does not remove the prosecution's burden to prove the offence beyond reasonable doubt.
Related IPC sections and legal provisions
The surrounding provisions should be read together: Section 317 IPC addresses abandonment of a child; Section 318 IPC concerns concealment of birth; Section 320 IPC defines grievous hurt. Section 319 IPC is specifically concerned with the definition of hurt.
Frequently asked questions
What is hurt under Section 319 IPC?
Causing bodily pain, disease or infirmity to any person is hurt under Section 319 of the Indian Penal Code, 1860.
Which BNS provision corresponds to Section 319 IPC?
Section 114 of the Bharatiya Nyaya Sanhita, 2023, defines hurt.
Is every instance of hurt punishable under Section 319 IPC?
Section 319 IPC is a definition, not a standalone punishment provision. The facts must satisfy an applicable offence, such as voluntarily causing hurt under Section 323 IPC or Section 115(2) BNS.
What is the difference between hurt and grievous hurt?
Hurt is bodily pain, disease or infirmity. Grievous hurt is limited to the specific kinds of injury listed in Section 320 IPC, corresponding to Section 116 BNS.
What is the punishment for voluntarily causing hurt under BNS?
Section 115(2) BNS generally provides imprisonment of either description for up to one year, or a fine up to ten thousand rupees, or both, subject to the elements and exceptions of the provision.
When did the BNS replace the IPC for new offences?
The Bharatiya Nyaya Sanhita came into force on 1 July 2024, subject to the notified exception. Earlier conduct and proceedings require consideration of applicable savings and transition provisions.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - India Code official Act PDF (Sections 114-117).
- India Code official portal - Indian Penal Code, 1860, and related legislation.
- Ministry of Home Affairs - commencement notifications and criminal law implementation resources.
Updated 30 October 2026. General legal information only. The law applicable to a specific case depends on the date of the alleged conduct, relevant provisions and evidence.