How do I file an FIR for assault or hurt under BNS?

I was physically assaulted and suffered injuries. What sections apply and how do I get the FIR registered and medical evidence recorded? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

In India, the answer to "How do I file an FIR for assault or hurt under BNS?" turns on BNS 2023 s.114-118 (hurt/grievous hurt), BNS 2023 s.131-132 (assault) and BNSS 2023 s.173. The points below set out the position and then what to do about it, in the order it should be done.

Simple hurt is punishable under BNS s.115 with up to 1 year imprisonment or fine, while grievous hurt (fracture, permanent disfigurement, danger to life) under s.117 attracts up to 7 years, and both are cognizable when caused with dangerous weapons.

Criminal assault or use of force without causing hurt is punishable under BNS s.131-132 with lesser imprisonment, generally up to 3 months to 2 years depending on aggravating factors.

A medico-legal certificate (MLC) from a government hospital is critical evidence; always get examined and treated before or immediately after lodging the FIR so injuries are documented contemporaneously.

The police must register an FIR for cognizable hurt/grievous hurt offences immediately; for non-cognizable simple hurt without weapons, you may need a Magistrate's order under BNSS s.175 to get police investigation.

If the assault occurred in a domestic setting, parallel remedies under the Protection of Women from Domestic Violence Act, 2005 for protection orders may also be pursued.

What this means for you: 1) Get medically examined immediately and obtain the MLC and treatment papers; 2) Lodge a written complaint at the police station describing the assault and injuries in detail; 3) Provide contact details of any eyewitnesses to strengthen the FIR; 4) Follow up on FIR registration and preserve photographs of injuries and damaged property.

Where the facts are disputed, what usually decides a assault fir matter is the paper trail — dated complaints, acknowledgments and written replies under BNS 2023 s.114-118 (hurt/grievous hurt). You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.

Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.