IPC 321 vs BNS 321
● Retained in BNSVoluntarily Causing Hurt
Section 321 of the Indian Penal Code, 1860, defines the offence of voluntarily causing hurt. A person is said to cause hurt when they intentionally cause bodily pain, disease, or infirmity to another person.
The key element here is intention or knowledge. If the act is accidental, it does not amount to voluntarily causing hurt. The section focuses on direct physical harm that is less severe than grievous hurt.
For example, slapping, punching, or kicking a person causing bodily pain qualifies under IPC 321. However, if the injury caused falls under the categories of grievous hurt (IPC 320), it will not remain within IPC 321 but escalate to a more serious offence.
This section serves as the foundation for punishing minor physical assaults.
Voluntarily Causing Hurt
Section 321 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 321 and defines voluntarily causing hurt. It states that whoever causes bodily pain, disease, or infirmity to any person with intention or knowledge commits the offence of hurt.
The wording and scope remain unchanged, ensuring consistency in law. Like IPC 321, this provision covers less severe injuries, distinguishing them from grievous hurt (BNS 320).
Example: If a person deliberately hits another causing pain but not permanent damage, it will be categorized under BNS 321.
The purpose of retaining the section is to punish intentional but non-severe harm, ensuring that all levels of assault, from minor to major, are addressed under law.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 321 to BNS BNS 321.