(1) Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.
(2) Whoever, except in the case provided for by sub-section (1) of section 122 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.
Simplified Explanation
Section 115 of the Bharatiya Nyaya Sanhita (Indian Penal Code) defines voluntarily causing hurt and prescribes the punishment for such actions. It addresses situations where a person intentionally or recklessly causes harm to another person.
Text of Section 115
Sub-section (1) – Definition of Voluntarily Causing Hurt
“Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said ‘voluntarily to cause hurt’.”
- Voluntary Causing Hurt: This sub-section defines voluntary causing hurt as any action where the person acts:
- Intentionally to cause hurt, or
- With the knowledge that their action is likely to cause harm (hurt) to another person.
In simpler terms, this means that hurt caused by intention or reckless action that leads to harm is considered voluntary under this section.
Sub-section (2) – Punishment for Voluntarily Causing Hurt
“Whoever, except in the case provided for by sub-section (1) of section 122 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.”
- Punishment for Voluntary Hurt: The punishment for voluntarily causing hurt (except in specific cases under Section 122) is:
- Imprisonment: A term of up to one year, or
- Fine: A fine of up to ten thousand rupees, or
- Both: Imprisonment and fine can be combined.
Key Points
- Intent or Knowledge: The person must either have the intent to cause hurt or act with the knowledge that their action is likely to cause harm to another person.
- Voluntary: The term voluntary indicates that the person’s action was intentional or reckless in nature, as opposed to accidental harm.
- Punishment: The punishment for voluntarily causing hurt is a maximum of one year of imprisonment, along with the possibility of a fine. The fine can go up to ten thousand rupees.
- Exemptions: The exception in Sub-section (2) refers to a situation where Section 122 (related to provocation in specific circumstances) applies. In such cases, the punishment might differ.
Illustration
- Example: If A punches B with the intent to hurt B, or if A pushes B in such a way that A knows it will likely cause harm, and B is indeed hurt, A has voluntarily caused hurt and is liable for punishment under this section.
Conclusion
Section 115 outlines the legal concept of voluntarily causing hurt, covering both intentional and reckless actions that lead to harm. It provides a punishment framework, including imprisonment, fines, or both, for those who cause harm in such a manner. This section ensures that individuals who cause harm through deliberate or reckless actions face appropriate legal consequences.
