Bharatiya Nyaya Sanhita, 2023
Section 114
Hurt
Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
Why this exists
This definition sets the baseline for a whole family of offences relating to bodily harm (like voluntarily causing hurt, causing hurt with weapons, or causing grievous hurt). It is a direct successor to Section 319 of the old Indian Penal Code, 1860, carried forward with the same wording into the Bharatiya Nyaya Sanhita, 2023. Having a clear, simple definition helps courts decide whether an injury—however minor—falls within the legal meaning of 'hurt' before deciding how serious the offence is.
How courts read it
Under the identical earlier provision (IPC Section 319), Indian courts consistently held that 'hurt' covers even minor and temporary pain or illness, not just serious injuries — for example, a slap causing momentary pain, or transmitting an infection, has been treated as 'hurt'. Courts have also clarified that mental pain alone, without any bodily element, does not amount to hurt under this definition; the harm must be bodily (pain, disease, or infirmity). These interpretations are expected to continue applying to Section 114 of the BNS since the text is unchanged.
Common misconceptions
- Myth: Only serious injuries like broken bones count as 'hurt'.
Fact: Courts have held that even minor or temporary bodily pain, such as from a slap or push, counts as 'hurt' under this definition. - Myth: Emotional or mental suffering counts as 'hurt' under this section.
Fact: This provision covers only bodily pain, disease, or infirmity — purely mental or emotional harm without any bodily element is not 'hurt' under this specific definition.