- Turning 115(2) & 122 BNS - Main Points and Insights
- Sections 115(2) and 122 of the Bharatiya Nyaya Sanhita (BNS) are analogous to Sections 323 and 334 of the Indian Penal Code (IPC), respectively. Specifically, 115(2) BNS pertains to voluntarily causing hurt (similar to IPC 323), and 122 BNS relates to causing hurt by dangerous means (similar to IPC 334) PRADEEP KUMAR V.L. vs STATE OF KERALA - Kerala.
- The offences under these sections involve causing hurt voluntarily, with punishments ranging up to one year of imprisonment or fines, especially when the hurt is not grievous (Sections 323 & 334 IPC). These provisions are invoked for minor injuries and are less severe in punishment PRADEEP KUMAR V.L. vs STATE OF KERALA - Kerala, Pradeep Kumar V. L. VS State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala - Kerala.
The legal arguments suggest that offences under Sections 115(2) and 122 BNS are designed for cases involving minor hurt or hurt caused without grievous injury, and the maximum punishment is typically imprisonment up to one year or fines, making them suitable for cases with less serious injuries PRADEEP KUMAR V.L. vs STATE OF KERALA - Kerala, Pradeep Kumar V. L. VS State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala - Kerala.
Arguments for Turning 115(2) & 122 BNS to 122 BNS (Enhanced Punishment)
- Some cases involve allegations of more serious injuries or offences that could attract higher penalties under Sections 351(2) and 351(3) of BNS, and provisions related to atrocities against SC/ST communities under the SC & ST (Prevention of Atrocities) Act VISHNU B L vs THE STATE OF KARNATAKA - Karnataka, BHAIRULAL SON OF NAVAL Vs. STATE OF RAJASTHAN - Rajasthan.
- Courts have considered whether the offences involve simple hurt or grievous hurt; where injuries are more severe, the provisions of Section 122 (causing hurt by dangerous means) could be invoked, which carry higher penalties, including imprisonment up to seven years Chatar Singh Chouhan, S/o. Ratan Singh Chouhan VS State Of Rajasthan, Through Pp - Rajasthan.
The legal strategy for turning 115(2) & 122 BNS to more serious offences involves demonstrating the severity of injuries or the use of dangerous means, thus justifying the application of harsher provisions and penalties VISHNU B L vs THE STATE OF KARNATAKA - Karnataka, Chatar Singh Chouhan, S/o. Ratan Singh Chouhan VS State Of Rajasthan, Through Pp - Rajasthan.
Additional Insights
- The courts have shown willingness to quash or modify proceedings based on the nature of injuries and the specifics of each case, emphasizing that the maximum punishment for offences under 115(2) BNS is up to one year unless the injury is grievous or involves dangerous means, in which case more severe provisions may be invoked VARGHESE VITHAYATHIL Vs STATE OF KERALA - 2021 Supreme(Online)(KER) 33800, Petitioner/Accused No.1 vs State - Telangana.
- The legal framework allows for flexibility depending on the facts, with arguments focusing on whether the injuries are minor or grievous, and whether the offence involves dangerous means, to determine whether to proceed under lighter or more severe sections VARGHESE VITHAYATHIL Vs STATE OF KERALA - 2021 Supreme(Online)(KER) 33800, Petitioner/Accused No.1 vs State - Telangana.
Analysis and Conclusion- The primary argument for turning cases from Sections 115(2) & 122 BNS to more serious offences hinges on the severity of injuries and the use of dangerous means, which justify invoking higher penalties under Sections 122 or related provisions.- The legal provisions are structured to distinguish between minor hurt (Section 115(2)) and hurt caused by dangerous means (Section 122), with the latter attracting more severe punishment.- Courts tend to consider the facts, injuries, and circumstances to decide whether to invoke lighter or harsher provisions, aiming to ensure appropriate punishment commensurate with the offence's gravity.
References:- Polisetty Anjaneya Tharun @ Polishetty Tarun Kumar, Polisetty Anjaneya Srinivas Rao @ Polishetty Srinivas, Polisetty Padmavati @ Polishetty Padmavati, Chandrapati Srinivasarao @Srinivasa Rao, Chandrapati Venkata Dhanush Kumar @ Dhanush, Polisetty Anil Kumar @ Anil vs The State of Andhra Pradesh - 2025 Supreme(Online)(AP) 12317 - 2025 Supreme(Online)(AP) 12317- VISHNU B L vs THE STATE OF KARNATAKA - Karnataka- BHAIRULAL SON OF NAVAL Vs. STATE OF RAJASTHAN - Rajasthan- MR. SUMITH S. SUVARNA vs STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 30812 - 2025 Supreme(Online)(Kar) 30812- PRADEEP KUMAR V.L. vs STATE OF KERALA - Kerala- Pradeep Kumar V. L. VS State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala - Kerala- Petitioner/Accused No.1 vs State - Telangana
