Section 323 IPC: Offence of Voluntarily Causing Hurt

What is Section 323 IPC Bare Act?

Section 323 IPC Bare Act is the exact text of the Section 323 of the Indian Penal Code (IPC 323), passed by the Indian legislature or Parliament. Thus, it is a replica of the original Section 323 IPC available to the people of India by the Indian legislature or Parliament.

Section 323 IPC Bare Act (As Per the Indian legislature or Parliament)

323 IPC. Punishment for voluntarily causing hurt.— Whoever, except in the case provided for by section 334, voluntarily causes hurt, 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.

Section 323 IPC Explanation

Section 323 of the Indian Penal Code (IPC 323) deals with the offence of voluntarily causing hurt to another person. The section defines the offence, the punishment for the offence, and the exceptions that may apply in certain situations. In this article, we will explore the various aspects of Section 323 of the IPC.

Definition of The Section 323 IPC

According to Section 323 IPC, a person can be charged with the offence of voluntarily causing hurt if they intentionally cause hurt to another person. The hurt caused can be of any nature, whether it is physical or mental. The section also includes cases where a person uses force or violence to cause hurt.

Elements of the offence under Section 323 of the IPC

The offence under Section 323 of the Indian Penal Code (IPC 323) pertains to voluntarily causing hurt to another person, and the elements of this offence include:

• Voluntary act: The offence requires that the act causing hurt must be done voluntarily, i.e., with the intention to cause hurt or with the knowledge that the act is likely to cause hurt.
• Hurt caused: The offence requires that hurt must be caused to the victim, which can be of any nature, whether physical or mental.
• Physical harm: The accused must have caused physical harm to the victim, which may include injuries, pain, or illness.
• Absence of consent: The act of causing hurt must have been done without the consent of the victim. If the victim had consented to the act, then the offence under Section 323 of the IPC would not be made out.
• Mens rea: The accused must have had the mens rea or the guilty mind to commit the offence. This means that the accused must have had the intention to commit the offence or had knowledge that their act was likely to cause hurt.
• Intention or knowledge: The accused must have the intention to cause hurt, or they must have the knowledge that their act is likely to cause hurt.
• No provocation: The offence requires that the accused must not have been provoked by the victim in any way.

Examples of Section 323 of the IPC (IPC 323)

Here are a few examples of situations where Section 323 of the Indian Penal Code (IPC 323) may be applicable:

1. A person intentionally slaps another person in a fit of rage during an argument, causing them physical pain and injury.
2. A person punches another person in the face during a fight, causing them to suffer a black eye and bruises.
3. A teacher beats a student with a stick for failing to complete their homework, causing bruises and injury to the student.
4. A motorist intentionally rams their car into another vehicle during a road rage incident, causing the occupants of the other vehicle to suffer injuries.
5. A person intentionally throws a stone at another person, causing a laceration and bleeding.

Is IPC 323 bailable or not?

The offence under Section 323 of the Indian Penal Code (IPC 323) is generally considered a bailable offence, which means that the accused has the right to apply for bail.

However, the grant of bail in a case under Section 323 IPC may depend on various factors, such as the severity of the injury caused, the accused’s criminal history, and the likelihood of them absconding or interfering with the investigation. In some cases, the court may impose certain conditions for the grant of bail, such as requiring the accused to surrender their passport, report to the police station regularly, or refrain from contacting the victim or witnesses.

It is important to note that while Section 323 of the IPC (IPC 323) is generally considered a bailable offence, there may be situations where the accused may be denied bail if they are deemed to be a flight risk or a danger to society. The decision to grant or deny bail is usually at the discretion of the court, based on the facts and circumstances of each individual case

Section 323 IPC Punishment

The punishment for the offence of voluntarily causing hurt under Section 323 of the IPC is imprisonment for a term of up to one year, or a fine of up to one thousand rupees, or both. The severity of the punishment depends on the nature and extent of the hurt caused.

Section 323 IPC Compoundable or Not?

Yes, the offence under Section 323 of the Indian Penal Code (IPC 323) is compoundable, which means that the victim of the offence may choose to enter into a compromise with the accused and withdraw the case against them.

According to the Indian law, the offence under Section 323 of the IPC (IPC 323) is classified as a ‘minor offence’. In cases involving minor offences, the victim has the right to enter into a compromise with the accused, either before or during the trial. If the victim and the accused enter into a compromise, the case may be withdrawn, and the accused may be discharged.

Section 323 IPC Cognizable or Not?

Offence under Section 323 of the Indian Penal Code (IPC 323) is a non-cognizable offence. It is important to note that while the offence under Section 323 of the IPC is a non-cognizable offence, the accused may still be arrested if the court issues a warrant for his or her arrest. If the court issues a warrant for his or her arrest then accused must be produced before the court within 24 hours of the arrest, and if the accused is unable to afford legal representation, he or she may be provided with a lawyer by the court.

A non-cognizable offence is one where the police cannot arrest the accused without a warrant and they cannot investigate the case without the permission of the court. In the case of Section 323 of the IPC (IPC 323), the police cannot arrest the accused without a warrant and they cannot investigate the case without the permission of the court.

Section 323 IPC Judgments / Rulings

IN THE SUPREME COURT OF INDIA :

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