Act fast
Someone hit me in a fight. What case can I file?
Simple answer
You can file a case for causing hurt. For a minor injury, police usually only record a non-cognizable report (NCR) and the case goes through a Magistrate. If a weapon was used, or there is a fracture or other serious injury, police must register an FIR.
Real-life examples
Rahul was slapped and punched in a parking argument. He has bruises but no fracture. This is simple hurt (BNS 115). Police recorded only an NCR, so Rahul filed a complaint before the Magistrate, who can also order the police to investigate.
Ayesha's brother was hit with an iron rod and his arm was fractured. A fracture is grievous hurt, and using a weapon makes it more serious (BNS 118). This is a cognizable offence, so police must register an FIR.
Gurpreet shoved a man first, and the man punched back. Gurpreet can still complain about his injury, but the other man may claim he acted in self-defence, and Gurpreet may face a case too.
What should you do?
- 1Get treated at a hospital first. Tell the doctor how you were hurt so a medico-legal case (MLC) record is made.
- 2Photograph your injuries and torn clothes. Note the names of witnesses and any CCTV cameras nearby.
- 3Give a written complaint at the police station quickly. Ask for a free copy of the FIR, or the NCR number if police record only an NCR.
- 4If police record only an NCR, file a complaint before the Judicial Magistrate or ask the court to order an investigation.
- 5If police refuse an FIR for a serious injury, send your complaint to the SP by post.
- 6Can't afford a lawyer? Call NALSA at 15100 for free legal aid.
Exceptions & limits
- If you started the fight or hit back harder than needed, the other side may claim self-defence and you may also be charged.
- The injured person can settle a simple hurt case directly; grievous hurt needs the court's permission. Hurt caused with a weapon cannot be compounded (settled) under the law.
Official legal reference
Bharatiya Nyaya Sanhita, 2023 — Sections 114, 115
Hurt means causing bodily pain, disease or infirmity. Voluntarily causing hurt: up to 1 year, or fine up to ₹10,000, or both.
Earlier: IPC Sections 319, 321, 323Read the official textBharatiya Nyaya Sanhita, 2023 — Sections 116, 117
Grievous hurt includes a fracture, loss of sight or hearing, permanent face disfigurement, or 15 days of severe pain. Up to 7 years and fine.
Earlier: IPC Sections 320, 322, 325Read the official textBharatiya Nyaya Sanhita, 2023 — Section 118
Hurt using a weapon, fire, poison, acid or similar means: up to 3 years. Grievous hurt this way: 1 to 10 years, or life.
Earlier: IPC Sections 324, 326Read the official textBharatiya Nagarik Suraksha Sanhita, 2023 — Section 174
Non-cognizable cases: police record the complaint and refer you to the Magistrate; they can investigate only on the Magistrate's order.
Earlier: CrPC Section 155Read the official textBharatiya Nagarik Suraksha Sanhita, 2023 — Section 173
FIR for cognizable offences, with a free copy to the informant or victim; complaint to the SP if the police station refuses.
Earlier: CrPC Section 154Read the official text
Where to get help
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- All of India
- Law in force since
- 1 Jul 2024
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.