Assault, hurt & threat case India — BNS s.115 (old IPC 323), s.117 (325), s.118 (324), s.351 (506), s.352 (504): FIR, NCR, medical, bail (2026)
Plain map for anyone beaten, injured or threatened in India — or accused of it after a fight: what simple hurt, grievous hurt, hurt with a weapon, wrongful restraint, criminal intimidation and intentional insult mean under the Bharatiya Nyaya Sanhita, 2023 (with the old IPC 323 / 324 / 325 / 341 / 504 / 506 numbers people still search), which ones the police can register as an FIR and which go as an NCR to the Magistrate, why a medical examination matters, cross-cases, compromise, and first steps for an accused. Educational only — not legal advice; Adhiwakta does not file FIRs, complaints or bail applications.
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First — safety and medical help
If you are injured, get treatment first and tell the doctor how the injury happened; in assault cases hospitals prepare a medico-legal record (often called the MLC) and the injury report later becomes key evidence. In an emergency call 112. Photograph injuries and torn clothes, keep prescriptions and X-ray / CT reports, and note the names of people who saw the incident. Do not wash away or throw away anything connected with the incident.
Which section — old IPC to new BNS
Voluntarily causing hurt: BNS s.115(2) (old IPC 323) — up to 1 year, or fine up to ₹10,000, or both. Grievous hurt: s.117(2) (old 325) — up to 7 years and fine. Hurt by a dangerous weapon or means: s.118(1) (old 324) — up to 3 years, or fine up to ₹20,000, or both; grievous hurt by a dangerous weapon: s.118(2) (old 326). Wrongful restraint: s.126(2) (old 341); wrongful confinement: s.127 (old 342). Assault or criminal force: s.131 (old 352). Criminal intimidation: s.351(2) (old 506) — up to 2 years; if the threat is to cause death or grievous hurt, s.351(3) — up to 7 years. Intentional insult to provoke breach of the peace: s.352 (old 504) — up to 2 years. Grievous hurt (s.116, old 320) includes fractures, loss of sight or hearing, permanent disfigurement of head or face, and hurt causing severe pain or inability to follow ordinary pursuits for 15 days (BNS reduced this from 20 days).
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FIR or NCR — cognizable vs non-cognizable
According to the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): simple hurt s.115(2), assault s.131, intimidation s.351(2) and s.351(3), and insult s.352 are non-cognizable and bailable; grievous hurt s.117(2) and wrongful restraint s.126(2) are cognizable and bailable; hurt by a dangerous weapon s.118(1) is cognizable and non-bailable. For cognizable offences the police must register an FIR under BNSS s.173 (old CrPC 154). If only non-cognizable offences are made out, the police enter the information in a register and refer you to the Magistrate (s.174, old 155) — this is the ‘NCR’; investigation then needs the Magistrate’s order. The sections finally applied depend on the medical opinion and facts, so the injury report matters.
How to give the complaint
Give a written, signed complaint at the police station of the area where the incident happened (a Zero FIR can be lodged at any station; e-FIR where your State allows). Write the date, time and place, who did what (each person separately), the weapon or object if any, the injuries, any threats used (exact words help), witnesses, and whether CCTV or video exists. Ask for a free copy of the FIR (s.173(2)) or a copy / number of the NCR entry. Keep a copy of your complaint with the station’s receiving stamp.
If the police do not act
If a cognizable offence is not registered, send the complaint in writing (and by post) to the Superintendent of Police under BNSS s.173(4) (old CrPC 154(3)). After that, an application can be made to the Magistrate under s.175(3) (old 156(3)) for a direction to investigate, or a private complaint can be filed under s.223 (old 200). For an NCR-only matter, the Magistrate route is the normal path. Keep proof of every letter.
Cross-cases and self-defence
After a fight, both sides often file complaints against each other. Courts look at who started it, the injuries on each side, the medical timing, and independent witnesses. The law recognises the right of private defence of the body and property within limits (BNS ss.34–44, old IPC 96–106) — force must be proportionate and not more than necessary. Describe facts honestly; exaggerated or false complaints can themselves lead to proceedings.
Compromise and compounding
Many hurt and intimidation cases arise between neighbours, relatives or colleagues and end in settlement. Under BNSS s.359 (old CrPC 320), several of these offences — including simple hurt, wrongful restraint, criminal intimidation and intentional insult — are listed as compoundable by the person affected; some need the court’s permission. Serious offences that are not compoundable may still reach the High Court under its inherent powers (BNSS s.528, old CrPC 482) on a settlement, depending on facts. Never sign a compromise under pressure, and keep its terms in writing.
If you are the accused
Most of these sections are bailable — bail is a right, and police usually grant it at the station or the court does on first appearance. For non-bailable sections such as s.118(1) or s.118(2), people often consider anticipatory bail under BNSS s.482 (old CrPC 438). If you receive a notice to appear under BNSS s.35(3) (old CrPC 41A), comply and keep copies. Do not contact, threaten or pressure the complainant or witnesses — that can lead to new charges and cancellation of bail.
Evidence to keep
Medical papers and injury report; photographs with dates; CCTV or phone videos (preserve the original file and device); WhatsApp messages, voice notes or call records containing threats; names and phone numbers of witnesses; and a short date-wise note. For electronic records, courts may ask for a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (old Evidence Act s.65B).
What this guide is not
It is not a prediction of which sections will apply to your case, not a guarantee of an FIR, arrest, bail or conviction, and not advice on compromise terms. Some States have notified changes in classification for particular offences — check the current position locally.
How Adhiwakta can help
We do not file FIRs, complaints or bail applications, or speak to the police for you. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- What is the new section for IPC 323, 324, 325, 504 and 506?
- Under the Bharatiya Nyaya Sanhita, 2023: IPC 323 (hurt) is BNS s.115(2); 324 (hurt by dangerous weapon) is s.118(1); 325 (grievous hurt) is s.117(2); 504 (intentional insult) is s.352; 506 (criminal intimidation) is s.351(2), and a threat to kill or cause grievous hurt is s.351(3).
- Will police register an FIR for simple maar-peet?
- Simple hurt (s.115(2)), assault (s.131), intimidation (s.351) and insult (s.352) are non-cognizable, so police usually record an NCR and refer you to the Magistrate. Grievous hurt (s.117(2)), hurt by a weapon (s.118) and wrongful restraint (s.126(2)) are cognizable and need an FIR. The medical report often decides which applies.
- Is IPC 506 / BNS 351 bailable?
- Under the BNSS First Schedule, both s.351(2) and s.351(3) are non-cognizable and bailable. Check whether your State has notified any change and whether other, non-bailable sections are also alleged.
- Can a maar-peet case be settled?
- Several of these offences, such as simple hurt, wrongful restraint, intimidation and insult, are compoundable by the person affected under BNSS s.359 (some need the court’s permission). Settlement should be voluntary and in writing.
- Does Adhiwakta file police complaints?
- No. We do not file FIRs, complaints or bail applications. Use Ask Adhiwakta or the AI helper for general educational guidance only.
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