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Criminal Law Videos - IPC Section 323 (Punishment for voluntarily causing hurt)


IPC Section 323 prescribes punishment for voluntarily causing hurt defined under section 321. It states that except in the case provided for by section 334, whoever voluntarily causes hurt shall be punished with simple or rigorous imprisonment for a term extending up to one year, or with fine extending up to one thousand rupees, or with both. The framers of the Code have deliberately kept the cases under section 334, which deals with cases of voluntarily causing hurt on grave and sudden provocation, out of the purview of this section.

The offence of voluntarily causing hurt. It states that whoever has the intention of causing hurt to any person and with that intention does any act, or whoever knows that by doing any act he is likely to cause hurt to any person and does by that act cause hurt to any person, is said ‘voluntarily to cause hurt’. In the absence of the requisite intention or knowledge, and circumstances as stated in this section, therefore, an act cannot be said to be voluntarily to cause hurt. An act which falls under this section is punishable under section 323 of the Code.

The offence under section 323 is non-cognizable, bailable and compoundable, and is triable by any magistrate.