IPC Section 323: Punishment for Voluntarily Causing Hurt

Section 323 of the Indian Penal Code (IPC) states that whoever, except in cases provided for by Section 334, voluntarily causes hurt shall be punished with imprisonment for a term that may extend to one year, or with a fine that may extend to one thousand rupees, or with both.

Section 323 IPC Simplified

Section 323 addresses the punishment for voluntarily causing hurt. It stipulates that an individual who intentionally inflicts injury upon another person may face:

• Imprisonment for up to one year
• A fine of up to one thousand rupees
• Or both imprisonment and fine

Cited by Legal Cases

• Mangu Khan and Ors vs State of Rajasthan
• Japani Sahoo vs Chandra Sekhar Mohanty
• Jaswant Singh vs State of Haryana
• Govind Prasad Kejriwal vs The State of Bihar
• Surendra Singh vs The State of Rajasthan

Offence Details

Offence	Punishment	Cognizance	Bail	Triable
Voluntarily causing hurt	1 Year or Fine or Both	Non-Cognizable	Bailable	Any Magistrate

What is Hurt and Voluntarily Causing Hurt?

According to Section 319 of IPC, hurt refers to causing bodily pain, disease, or infirmity to another person. If done voluntarily with intent or knowledge, it is punishable under Section 323 IPC. For instance:

Constituents of Hurt under IPC

Hurt includes any of the following:

• Bodily Pain: Physical pain, such as pulling hair, qualifies as hurt.
• Disease: Spreading a disease through touch, though not always prosecutable under hurt.
• Infirmity: Physical or mental impairment caused temporarily or permanently.

Legal Assistance

If you are dealing with a case under Section 323 IPC, consult a criminal lawyer for expert guidance. Connect with Shuraksha Legal Help for professional advice.

What is Grievous Hurt and the Difference Between Hurt and Grievous Hurt?

The Indian Penal Code (IPC) classifies hurt into two categories based on the severity of the physical assault: *simple hurt* and *grievous hurt*. This classification ensures that the punishment matches the severity of the crime.

What is Grievous Hurt?

The following kinds of hurt are considered "grievous" under Section 320 of the IPC:

• Emasculation: Depriving a male of his masculine vigor or rendering him impotent.
• Permanent privation of eyesight: Losing sight in one or both eyes permanently.
• Permanent privation of hearing: Losing hearing in one or both ears permanently.
• Loss of a limb or joint: Losing or crippling an organ or limb, causing lifelong misery.
• Impairment of a limb: Permanent disability that prevents an organ or limb from functioning normally.
• Permanent disfigurement of the head or face: Injuries that cause a lasting effect on personal appearance, such as cutting the bridge of the nose.
• Fracture or dislocation of a bone or tooth: A fracture that extends to the inner surface or a dislocation of a joint or tooth.
• Life-threatening hurt: Any injury that endangers life or causes severe bodily pain, preventing the victim from performing daily activities for at least twenty days.

Understanding the Types of Grievous Hurt

1. Emasculation: Applies to males only and addresses cases where a man is rendered impotent.
2. Injury to Eyesight: Permanent damage to the eyesight of one or both eyes.
3. Deprivation of Hearing: Permanent loss of hearing in one or both ears.
4. Loss of Limb or Joint: Loss or crippling of an organ, resulting in a permanent disability.
5. Impairment of Limb: Disabling an organ or joint permanently, as opposed to temporary injury.
6. Disfigurement of Head or Face: Permanent injury affecting the appearance of the head or face.
7. Fracture or Dislocation: Any break or dislocation of a bone or tooth.
8. Life-Threatening Hurt: Severe injuries causing pain or incapacity for twenty days or more.

Difference Between Simple Hurt and Grievous Hurt

• Definition: Simple hurt (Section 319 IPC) refers to causing physical pain, disease, or weakness to another person. Grievous hurt (Section 320 IPC) involves severe injuries such as loss of eyesight, hearing, limbs, or life-threatening injuries.
• Seriousness: Simple hurt is not serious or life-threatening, while grievous hurt is severe and may endanger life.
• Punishment:
  • Simple hurt (Section 323 IPC): Punishable with imprisonment of up to one year, a fine of Rs. 1,000, or both.
  • Grievous hurt (Section 325 IPC): Punishable with imprisonment of up to seven years and a fine.
• Nature of Offense: Simple hurt is often minor, while grievous hurt involves permanent damage or prolonged suffering.

Key Takeaways

To summarize:

• Simple hurt is minor and does not endanger life, while grievous hurt involves severe, life-threatening injuries.
• Punishment for grievous hurt is more severe, reflecting the gravity of the crime.

If you are dealing with a legal matter involving hurt or grievous hurt, consult an expert lawyer at ShurakshaLegalHelp to understand your rights and seek justice.

IPC Offenses and Punishments

1. Voluntarily Causing Hurt Using Dangerous Weapons or Means

Provision: Section 324, IPC
Punishment: Imprisonment up to 3 years, or fine, or both (except cases covered under Section 334).

2. Voluntarily Causing Grievous Hurt

Provision: Section 325, IPC
Punishment: Imprisonment up to 7 years, and fine.

3. Voluntarily Causing Hurt Using Acid

Provision: Section 326A, IPC
Punishment: Minimum imprisonment of 10 years, extendable to life imprisonment, and fine.

Attempt to Use Acid: Section 326B, IPC
Punishment: Imprisonment of 5 to 7 years, and fine.

4. When Hurt is Caused Voluntarily Due to Sudden Provocation

Provision: Section 334, IPC
Punishment: Imprisonment up to 1 month, and fine up to ₹500.

5. Punishment under Section 323

Provision: Section 323, IPC
Punishment: Imprisonment up to 1 year, or fine up to ₹1,000, or both.

6. Nature of Offense under Section 323

- Non-cognizable offense (police cannot arrest without a warrant).
- Bailable in nature.
- Triable by a Magistrate with jurisdiction over the area of the offense.

7. Role of Intention or Knowledge under Section 323

Intention (mens rea) and the act (actus reus) are crucial in determining culpability under this section. For instance, in Marana Goundan v. R (AIR 1941 Mad 560), the accused was held guilty of causing hurt due to his intentional act of kicking the deceased.

8. Trial Procedure in Section 323 Cases

Step	Description
1. FIR	First Information Report is registered under Section 154 of CrPC.
2. Investigation	Police collect evidence and submit a report to the Magistrate.
3. Charges	If not discharged, charges are framed in writing.
4. Plea of Guilty	The accused may plead guilty voluntarily.
5. Prosecution Evidence	Prosecution presents evidence and witnesses.
6. Statement of Accused	The accused can explain facts under Section 313, CrPC.
7. Defense Evidence	The accused can present oral or documentary evidence.
8. Judgment	The court delivers a verdict based on evidence and arguments.

If you have legal concerns, consult a qualified lawyer for advice and representation.

What is the Procedure of Appeal in a Case under Section 323?

Except for the statutory provisions laid down by The Code of Criminal Procedure, 1973 or any other law in force, an appeal cannot lie from any judgment or order of a criminal court. Thus, there is no vested right to appeal unless it is permitted by statute. Courts are presumed competent to conduct trials fairly, but victims may appeal under specific circumstances such as a judgment of acquittal, conviction for a lesser offense, or inadequate compensation.

Appeals are generally governed by the same set of rules and procedures in Sessions Courts and High Courts. The Supreme Court, as the highest court of appeal in the country, enjoys extensive discretionary and plenary powers in appellate cases, governed by the provisions of the Indian Constitution and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

An accused may appeal to the Supreme Court if the High Court reverses their acquittal and sentences them to life imprisonment, ten years, or death. This is further supported by Article 134(1) of the Indian Constitution. However, no appeal shall lie under specific provisions such as Section 265G, Section 375, and Section 376 of The Code of Criminal Procedure, 1973.

How to Get Bail in a Section 323 Case?

To apply for bail under Section 323 of the IPC, the accused must submit a bail application to the court. The court will summon the other party and set a hearing date. After hearing arguments from both sides, the court will decide based on the case's facts and circumstances.

If there is an apprehension of arrest, the accused can file an anticipatory bail application through a criminal lawyer. The court will notify a public prosecutor to file objections, if any, before scheduling a hearing. The court will deliver its judgment after considering the arguments.

Prospects of Getting a Government Job When Charged Under Section 323

Facing criminal charges under Section 323 can reduce opportunities for government jobs. Many government job applications require disclosure of pending criminal suits, FIRs, or charges. Lying on these applications can lead to automatic disqualification if background checks reveal discrepancies.

However, mere implication in a criminal case does not mean disqualification. Courts and recruitment panels assess whether the pending case impacts the nature of the job. The principle of "innocent until proven guilty" applies, except in sensitive roles like paramilitary or military services.

Is it Important to Hire a Lawyer for Section 323 Cases?

Having a lawyer to defend yourself is a right. If you cannot afford one, the court can appoint an attorney. While self-representation is allowed, it is not recommended, especially for serious charges. A skilled criminal lawyer can ensure that charges are appropriate and advocate for minimal penalties.

Criminal charges under Section 323 risk severe penalties such as jail time, a criminal record, and loss of future opportunities. A qualified lawyer can protect your rights and secure the best possible outcome for your case.

Connect with Shuraksha Legal Help for legal assistance on cases related to Section 323 IPC.

Previous Next