Applies when a citizen has been hit or injured by another person -- a neighbour dispute, a fight, or a workplace altercation -- and is not about domestic violence or a sexual offence, which are handled as separate situations. Covers reporting the offence, the medico-legal process at a hospital, and the current BNS provisions on hurt and grievous hurt.
1. Get medical attention first
Any hospital or clinic treating an injury from an assault is required to register it as a Medico-Legal Case (MLC) and inform the police, regardless of whether the injured person asks them to; treatment is given first, and police notification follows.
2. Understand which offence the injury may fall under
'Simple hurt' (bodily pain, disease, or infirmity, without more) is BNS s.115. 'Grievous hurt' (defined in BNS s.116 as specific categories such as fracture, permanent disfigurement, loss of a limb or sense, or danger to life) is punishable as an offence under BNS s.117. Hurt or grievous hurt caused by dangerous weapons or means -- a knife, an acid or corrosive substance, fire, or a similarly dangerous method -- is BNS s.118, and carries higher punishment regardless of whether the resulting injury was simple or grievous.
3. File the FIR at the police station or via Zero FIR
Causing grievous hurt (BNS s.117) and hurt or grievous hurt by dangerous weapons or means (BNS s.118) are cognizable offences, meaning the police must register an FIR once the information discloses one of these. Simple hurt under BNS s.115 alone is non-cognizable, meaning the police record it but generally require a Magistrate's direction before investigating, unless it is combined with another cognizable element.
4. Ensure the MLC report and medical records are preserved
The Medico-Legal Report prepared by the treating doctor documents the nature, cause, and likely weapon or means behind the injury, and becomes part of the police case file; it is central evidence in classifying the offence as simple or grievous hurt.
5. Note bail and cognizability differences by severity
Ordinary grievous hurt under BNS s.117(2) is cognizable and bailable; grievous hurt resulting in permanent disability or a persistent vegetative state is non-bailable under BNS s.117(3). A separate provision, s.117(4), covers grievous hurt caused by a group of five or more people specifically motivated by the victim's race, caste, community, sex, place of birth, language, or personal belief -- it does not apply to an ordinary group altercation with no such motive, and whether s.117(4) itself is treated as bailable or non-bailable could not be confirmed against reported case law. Hurt or grievous hurt by dangerous weapons or means under BNS s.118 is treated as cognizable and non-bailable.
6. Cooperate with the investigation
The investigating officer may record statements from witnesses, collect the MLC report, and where relevant, seize any weapon or object used.
7. If the offence is non-cognizable and police decline to investigate on their own
For an offence such as simple hurt alone, the informant may need to approach a Magistrate for a direction to investigate, or file a private complaint before the Magistrate, following the general BNSS complaint process.
Digital Police Portal (Ministry of Home Affairs / CCTNS): https://digitalpolice.gov.in
Helpline: 100 / 112 (police emergency and non-emergency number)
Handled by: Hospital/clinic (MLC) -> local police station -> investigating officer
Who can use this: Anyone who has been physically hit, injured, or hurt by another person in circumstances outside domestic violence or a sexual offence, or anyone reporting such an incident on the injured person's behalf.
This does not cover: This does not cover assault or cruelty by a spouse or in-laws, which is treated as a distinct situation (cruelty and domestic violence carry their own dedicated provisions and remedies). It also does not cover sexual assault or sexual offences, which are handled separately given their own distinct procedure and sensitivities. Where an assault results in death, it is no longer treated as a hurt case at all, and separate homicide provisions apply instead.
Cost: Free (no fee is charged to file an FIR or to be treated as an MLC)
You'll need:- Date, time, and place of the altercation
- A description of what happened and who was involved
- Whether any weapon, object, or dangerous substance was used
- Names of any witnesses
- Details of any injuries sustained and where treatment was received
Documents that help:- Medico-Legal Case (MLC) report and any discharge summary or medical certificate
- Photographs of visible injuries, taken as soon as possible
- Any CCTV footage or witness contact details
- The FIR copy, once registered
- Any prior written complaints about the same dispute, if relevant
What happens after: Once the FIR is registered (directly, for a cognizable offence, or on a Magistrate's direction for a non-cognizable one), the police investigate, collect the MLC report and any other medical evidence, and file a final report before the court once the investigation is complete.
These are the remedies Indian law provides for this kind of situation -- not a recommendation, and not every remedy will apply to your own facts.
FIR and police investigation for a cognizable hurt offence
Local police station
Grievous hurt (BNS s.117) and hurt by dangerous weapons or means (BNS s.118) are cognizable, allowing direct FIR registration and investigation without prior court permission.
Magistrate's direction to investigate a non-cognizable hurt offence
Magistrate's court
Where only simple hurt under BNS s.115 is disclosed, an informant may apply to a Magistrate for an order directing police investigation, following the general BNSS framework for non-cognizable offences.
Private complaint before a Magistrate
Magistrate's court
A complainant may file a complaint directly before a Magistrate under BNSS ss.210/223, who examines the complainant and witnesses and decides whether to take cognizance.
State victim compensation scheme
District Legal Services Authority / State Legal Services Authority
BNSS s.396 requires State Governments to run a victim compensation scheme through the DLSA/SLSA, which may be relevant where a victim of an assault requires financial or medical support.
What is a Medico-Legal Case (MLC)?
An MLC is a case of injury or illness where the treating doctor is legally required to inform the police, because the circumstances suggest an offence may have been committed -- an assault injury is a standard example.
Does the hospital need my permission before informing the police about my injury?
No. Reporting a suspected offence to the police is a statutory duty on the treating doctor, and does not depend on the patient's consent.
Will I be treated before the police are informed?
Yes. Treatment is given first; police notification follows as soon as reasonably possible without delaying medical care.
What counts as 'grievous hurt' rather than 'simple hurt'?
BNS s.116 lists specific categories -- permanent loss of sight or hearing, fracture or dislocation of a bone, permanent disfigurement, or an injury that endangers life -- anything short of these categories is generally treated as simple hurt under BNS s.115. Voluntarily causing such an injury is then an offence under BNS s.117.
Is simple hurt a cognizable offence?
No, simple hurt alone under BNS s.115 is non-cognizable, meaning the police generally need a Magistrate's direction before investigating, unless the facts also disclose a cognizable element.
Does using a weapon change the offence even if the injury itself is minor?
Yes. Causing hurt by a dangerous weapon or means (a knife, acid, fire, or similar) is charged under BNS s.118 and carries a higher punishment than ordinary simple hurt, regardless of how minor the resulting injury turns out to be.
Is grievous hurt always non-bailable?
No. Ordinary grievous hurt under BNS s.117(2) is bailable. It becomes non-bailable under s.117(3) where it results in permanent disability or a persistent vegetative state. A separate provision, s.117(4), covers grievous hurt caused by a group of five or more people specifically motivated by the victim's race, caste, community, sex, place of birth, language, or personal belief -- it does not apply to an ordinary group altercation with no such motive.
Can I get a copy of the MLC report?
The MLC report becomes part of the police case file; a copy can generally be obtained through the investigating officer or, once a case is before court, through the court record.
What if the other person also claims they were hurt?
Cross-complaints are common in altercations; each is investigated and assessed on its own facts, including the respective MLC reports.
Does an old injury photograph still help if I didn't go to a doctor immediately?
Photographs and any available evidence are still useful, but a timely medical examination and MLC generally provide stronger, more difficult-to-dispute documentation of the injury and its cause.
Governing law: Bharatiya Nyaya Sanhita, 2023
Source: BNS, 2023, s.115 (voluntarily causing hurt), s.116 (definition of grievous hurt), s.117 (voluntarily causing grievous hurt), s.118 (hurt or grievous hurt by dangerous weapons or means).
Aadhrix does not decide which route applies to you. This describes the official process as published — consider an advocate for advice specific to your situation.