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 have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.
How do I file an FIR for assault or hurt under BNS? is governed in India primarily by BNS 2023 s.114-118 (hurt/grievous hurt), BNS 2023 s.131-132 (assault) and BNSS 2023 s.173. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.
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 to do next: 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.
If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under BNS 2023 s.114-118 (hurt/grievous hurt) carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.
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.