Sec.323 of the Indian Penal Code (IPC) deals with the punishment for voluntarily causing hurt. It states that whoever voluntarily causes hurt to any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
What is “hurt”?
The term “hurt” is defined in Section 319 of the IPC as “any harm, whether temporary or permanent, caused to any person by any act or omission”. This means that any physical injury, no matter how minor, can be considered “hurt” under Section 323.Thus it includes any injury that causes physical pain or discomfort, regardless of its seriousness.
What is “voluntary”?
The word “voluntary” means that the act of causing hurt must be intentional. It does not matter whether the intention was to cause serious injury or not. Even if the accused only intended to cause a minor injury, they can still be convicted under Section 323 if they actually caused hurt.It also implies that the accused must have had the intention to cause harm. Accidental injuries are not covered under this section.
What is the punishment for voluntarily causing hurt?
The punishment for voluntarily causing hurt under Section 323 is imprisonment of up to one year, a fine of up to one thousand rupees, or both. The punishment can be increased if the hurt is caused by means of any poison, corrosive substance, or explosive substance, or by means of fire, heated substance, or by means of any acid or alkali.
What are the implications of Sec.323?
Section 323 is a serious offence and can have a significant impact on the accused’s life. If convicted, the accused could face imprisonment, a fine, or both. They may also have a criminal record, which could make it difficult to find employment or housing.
Exception – Section 334: Section 334 covers cases where the intention is to cause hurt but results in grievous hurt. If the injury is severe, the offender may be charged under Section 334 instead.
To prove Sec.323 of the IPC, the prosecution must prove the following:
- The accused caused hurt or bodily pain to the victim.
- The accused had caused the hurt with the intention or with knowledge.
- The hurt caused the victim to suffer bodily pain, disease, or infirmity.
Common Queries and Clarifications about Section 323
Is intent necessary to be charged under Section 323?
Yes, intent to cause harm is a fundamental element of this section.
What is the difference between hurt and grievous hurt?
Hurt refers to injuries that cause physical pain or discomfort but are not life-threatening. Grievous hurt, on the other hand, involves severe injuries that can be life-threatening or result in permanent disability.
Can a victim file a complaint under Section 323?
Yes, a victim can file a complaint, and the police will investigate the matter. Legal action will be taken based on the evidence. If the police refuse to file an FIR, the victim can approach the Superintendent of Police (SP) or the concerned Court and file a private complaint with or without the help of a lawyer.
To file a private complaint, the victim must:
- Write a complaint to the Court, stating the details of the offence.
- Attach all relevant documents, such as medical reports, photographs, etc.
The Court will then investigate the complaint and decide whether to take further action. If the Court decides to take further action, they will issue a summons to the accused person. The accused person will then have to appear in court and answer the charges against them.
Whether this section is bailable?
Yes, Section 323 of the Indian Penal Code (IPC) is generally a bailable offense. Unless there are exceptional circumstances or the court believes that the accused poses a significant risk, the accused can usually be granted bail.
Know More About: Sec. 420 of the IPC
Sec.503,504 and 506 of the IPC
What is the difference between Section 323 and Section 334?
Section 323 deals with the punishment for voluntarily causing hurt, while Section 334 deals with the punishment for voluntarily causing hurt on grave and sudden provocation. The main difference between the two sections is that Section 334 allows for a reduced sentence if the accused can prove that they were provoked.
What are the aggravating factors that can increase the punishment for Section 323?
The following are some of the aggravating factors that can increase the punishment for Section 323:
- The hurt was caused by means of any poison, corrosive substance, or explosive substance.
- The hurt was caused by means of fire, heated substance, or by means of any acid or alkali.
- The hurt was caused to a woman, a child, or a person who is disabled.
- The hurt was caused in the course of a public disturbance.
- The hurt was caused with the intention of causing grievous hurt.
What are the defences that can be raised to a charge of Section 323?
There are a few defences that can be raised to a charge of voluntarily causing hurt under Section 323. These include:
- Self-defence: If the accused caused hurt in order to defend themselves from an unlawful attack, they will not be guilty of an offence.
- Accident: If the accused caused hurt accidentally, they will not be guilty of an offence.
- Provocation: If the accused caused hurt in the heat of passion caused by sudden and grave provocation, they may be able to reduce their sentence.
Related Laws and Sections:
- Section 324 – Voluntarily causing hurt by dangerous weapons or means: This section deals with more severe forms of causing hurt using dangerous weapons or means, and the punishment is more stringent.
- Section 325 – Punishment for voluntarily causing grievous hurt: This section deals with causing grievous hurt intentionally, leading to harsher penalties.
- Section 504 – Intentional insult with intent to provoke breach of peace: Sometimes, an insult can lead to a situation where hurt is caused. Section 504 addresses such situations.
Summing up:
Section 323 of IPC is a critical provision that addresses the offense of causing hurt with intent. Understanding this section is essential for both legal professionals and the general public. It serves as a crucial tool in maintaining justice and order in society.
Here is a table summarizing the key information about Section 323 :
Bailable or Non-Bailable
Bailable
Cognizable or Non-Cognizable
Non-Cognizable
Triable by
Any Magistrate
Punishment
Imprisonment for a term which may extend to one year, or with fine, which may extend to one thousand rupees, or with both.
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