Section 323 of Indian Penal Code, 1860
Meaning and Scope
This section provides punishment for causing voluntary hurt. The offence is mentioned under section 321 of the Indian Penal Code which states that whoever does any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, and does thereby cause hurt to any person is said to have voluntarily caused hurt.
The term “hurt” is defined in Section 319 of the Indian Penal Code as any bodily pain, disease, or infirmity caused to a person. Examples of acts that could constitute voluntarily causing hurt under section 323 include slapping, punching, kicking, or any other physical action that causes bodily pain or injury. The severity of the injury caused may vary, but as long as there was an intention to cause hurt, the offense under section 323 can be applied.
The offense is considered to be a relatively minor offense compared to other offenses under this section such as assault or grievous hurt.
Applicability
- Section 323 is not applicable in situations where the hurt caused was not voluntary. For example, if a person accidentally bumps into another person causing them hurt, or if a person injures another person in self-defense, then the offense under this section 323 would not apply.
- Additionally, if the hurt caused was not of a serious nature and did not result in any lasting injury or harm, then the offense under section 323 may not be attracted.
- If you are facing charges under section 406 or are unsure about its applicability to your situation, it is advisable to seek legal advice. A lawyer can help guide you through the legal process, provide legal advice, and represent you in the court.
Punishment
Section 323 provides punishment for voluntary causing hurt with imprisonment of up to one year or a fine, or both. The offense of voluntarily causing hurt is a non-cognizable offense, which means that the police cannot arrest a person without a warrant
