What Is Section 323 of the Indian Penal Code: Voluntarily Causing Hurt

July 30, 2024 1
What Is Section 323 of the Indian Penal Code

Violation of Section 323 of the Indian Penal Code (IPC) relates to the offense that involves voluntary causing of hurt. It is frequently used in substantiate the claim in the cases of simple battery – the physical attack that does not result in serious injury. Therefore, in this article, you will be learning about Section 323 of the Indian Penal Code, covering aspects such as, legal provisions, nature of the offense, punishments, & some judicial decisions.

What is Meant by Voluntarily Causing Hurt?

In other words, voluntarily causing harm as the name suggests means one acted in such a manner that had the person’s knowledge, harm would be perpetrated. Therefore, for an offence to be committed under this section, one of the two elements that includes intention or knowledge has to be established.

Legal provisions that are contained under Section 323 of IPC

Section 323 IPC states:

Any person who, except under the circumstances mentioned in section 334 commits hurt, shall be punishable with imprisonment for a term, which might be up to one year or with fine, which might go up to one thousand rupees, or with both.

Ingredients constituting the offence defined under the Section 323 of the Indian Penal Code.

Voluntary act: It also requires that the act must produce harm to another person and such harm must have been Intentional which proves that the actor has acted with intent. The accused must act with a malicious intent to do so or the accused must have been reckless, that is he must have known that his conduct was bound to cause harm.

Causing harm: Of the two the act must cause physical suffering or injury that would lead to an illness or disease to another person. The concept of ‘harm’ covers both, the physical as well as the psychological or any other form of harm the victim has suffered.

Physical contact: For the accusing person to be convicted, there should be skin to skin contact between the accused and the victim. The tortious act that leads to the infliction of harm might entail the use of one’s hands, a weapon or an object to hit, beat, punch, push, among others.

Absence of sudden and grave provocation: The act of causing harm must not be justified by sudden and grave provocation. If the accused can prove that sudden and grave provocation was required for his actions, it can be considered as a defence.

Constituents of Section 323 IPC

Section 323 of the IPC is defined as follows:

“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 a fine which may extend to one thousand rupees, or with both.”

The key constituents of Section 323 IPC include:

  1. Voluntary Action: The accused must have intended to commit an act, which leads to causing hurt on the victim. This requires one of the accused to have intended it or to have known it.
  2. Causing Hurt: Under Indian Penal Code, Section 319 IPC the word hurt is explained as meaning to cause bodily pain, disease or infirmity to any person. It does not have to be fatal, but it always implies some measure of use of physical force.
  3. Exceptions: It is stated that section 323 cannot be attracted to cases where section 334 IPC is attracted as the latter relates to voluntarily causing hurt by provocation.

How to Write a Complaint for an Offence Under Section 323 IPC

  1. While drafting a complaint for an offence under section 323 IPC, it is necessary that the fact and circumstances in the case have to be stated in detail. Here is a step-by-step guide to writing a complaint:Here is a step-by-step guide to writing a complaint:
  2. Heading: Start with an official subject line that reads like the following: Complaint Under Section 323 of the Indian Penal Code.
  3. Personal Details: Also, provide the complainant’s full name, the address, and his/her phone number or email address.
  4. Details of the Accused: With permission, give the particulars of the accused person(s) including his or her name, address, and any other information that may be ascertained.
  5. Description of the Incident: Properly state when and where the incident occurred; ideally, write down the date and time of the event. Elaborate on how the accused voluntarily made a harm or offered the particulars of how and in what manner the accused caused the harm.
  6. Nature of Injuries: Explain the number and nature of injuries for the concerned person and enclose the medical details if any, on record.
  7. Witnesses: Any other source that is related to the incident and could act as a witness should also be stated together with the source’s contact details.
  8. Prayer for Relief: Succinctly, it is requested that suitable legal action should be taken against the accused under section 323 of IPC..

Sample Letter of Complaint

To,

The Officer-in-Charge,

[Police Station Name],

[Address].

Subject: Complaint Under Section 323 of the Indian Penal Code

Respected Sir/Madam,

I, [Your Name], residing at [Your Address], wish to lodge a complaint against [Accused's Name] for voluntarily causing 
hurt to me on [Date] at [Location].

On the aforementioned date, the accused intentionally attacked me, causing bodily pain and injuries, 
as evidenced by the attached medical report. [Describe the incident and injuries in detail].

I request you to take necessary legal action against the accused under Section 323 IPC.

Thank you.

Yours sincerely,

[Your Signature]

[Date]

Punishment Under Section 323 IPC

The punishment for voluntarily causing hurt under Section 323 IPC includes:

  • Imprisonment: A term which may extend to one year.
  • Fine: A monetary penalty which may extend to one thousand rupees.
  • Both: In some cases, the offender may be subjected to both imprisonment and a fine.

Nature of the Offense

Section 323 IPC is categorized as:

  • Bailable: The accused has the right to seek bail as a matter of right.
  • Cognizable: The police have the authority to arrest the accused without a warrant and initiate an investigation.
  • Non-compoundable: The offense cannot be settled out of court by the parties involved without the permission of the court.

Differences Between Hurt and Grievous Hurt

It’s important to distinguish between “hurt” under Section 323 and “grievous hurt” under Section 325 IPC. Grievous hurt involves more severe injuries and is subject to harsher penalties. Some examples of grievous hurt include fractures, permanent disfiguration, and loss of limb function. Section 325 provides for imprisonment of up to seven years, along with a fine, for causing grievous hurt.

Landmark Judgments on Section 323 IPC

Several judgments have clarified the application of Section 323 IPC. Some notable cases include:

  1. Rizwan Khan v. State of Chhattisgarh (2020)

In this case, the Supreme Court emphasized the necessity of intent in cases of hurt. The court held that the mere occurrence of injury is not sufficient to convict someone under Section 323 IPC; there must be clear evidence of the accused’s intention or knowledge.

  1. State of Maharashtra v. Balakrishna Dattatrya Kumbhar (2002)

The court reiterated that trivial hurt should not lead to prosecution under Section 323 IPC unless there is a clear intention to cause harm. The judgment highlighted the importance of examining the circumstances under which the alleged offense occurred.

  1. Krishnan v. State of Kerala (1966)

This case dealt with the distinction between hurt and grievous hurt. The Supreme Court ruled that the nature of the injury must be thoroughly assessed. And, the medical evidence must be critically analyzed to determine the correct charge.

Practical Implications

Section 323 IPC is often invoked in cases of domestic violence, street fights, and minor altercations. It provides a legal remedy for victims of assault, allowing them to seek justice and compensation for injuries sustained.

Is 323 IPC Bailable or Not?

Section 323 IPC is a bailable offence. This means that an accused person is entitled to be released on bail as a matter of right. Provided they comply with the bail conditions set by the court or police. Bail for Section 323 can be granted by the police station or the magistrate. And it is generally easier to obtain compared to non-bailable offences.

Acquittal Under Section 323 IPC

An acquittal under Section 323 IPC occurs when the court finds the accused not guilty of the charges. Acquittal may happen due to various reasons, such as:

  1. Lack of Evidence: Insufficient evidence to prove the accused’s guilt beyond a reasonable doubt.
  2. Credibility of Witnesses: If the witnesses for the prosecution are found unreliable or inconsistent in their testimony.
  3. Contradictory Medical Evidence: If medical evidence does not support the allegations of hurt.
  4. Failure to Prove Intent: Inability to establish that the accused voluntarily caused hurt.

An acquittal signifies that the prosecution failed to establish the accused’s guilt, resulting in their release from the charges.

Trial Procedure in a Section 323 IPC Case

The trial procedure for a case under Section 323 IPC generally follows the standard criminal trial process in India. Here’s an overview:

  1. Filing of FIR: The process begins with the filing of a First Information Report (FIR) by the complainant at the police station.
  2. Investigation: The police conduct an investigation, collect evidence, and record statements from witnesses.
  3. Charge Sheet: If sufficient evidence is found, a charge sheet is filed in the court by the police.
  4. Summoning of Accused: The court issues summons to the accused to appear before it.
  5. Plea of the Accused: The accused is asked to plead guilty or not guilty. If they plead not guilty, the trial proceeds.
  6. Prosecution Evidence: The prosecution presents its evidence, including witness testimonies, documents, and expert opinions.
  7. Examination and Cross-Examination: Witnesses are examined by the prosecution and cross-examined by the defense.
  8. Defense Evidence: The defense may present its evidence and witnesses to counter the prosecution’s claims.
  9. Final Arguments: Both sides present their final arguments before the judge.
  10. Judgment: The judge delivers the judgment based on the evidence and arguments presented. If found guilty, the accused is convicted; otherwise, they are acquitted.
  11. Sentencing: If convicted, the court pronounces the sentence, which may include imprisonment, a fine, or both.

Procedure of Appeal in a Case Under Section 323 IPC

If either party is dissatisfied with the judgment, they may file an appeal. The procedure for appeal is as follows:

  1. Filing an Appeal: The aggrieved party files an appeal in the higher court, such as the Sessions Court or High Court. Depending on the case’s nature and the trial court’s jurisdiction.
  2. Grounds for Appeal: The appeal must clearly state the grounds on which the judgment is being challenged, such as errors in law, misinterpretation of evidence, or procedural irregularities.
  3. Submission of Records: The trial court’s records, including evidence and transcripts, are submitted to the appellate court for review.
  4. Hearing: The appellate court hears the arguments from both sides, considering the evidence and legal points raised in the appeal.
  5. Judgment on Appeal: The appellate court may uphold the original judgment, modify the sentence, or overturn the conviction, leading to acquittal.
  6. Further Appeals: Depending on the case’s complexity, further appeals may be made to higher courts, including the Supreme Court.

Conclusion

Section 323 of the Indian Penal Code plays a crucial role in maintaining law. And, order by penalizing acts of violence that cause physical harm. While it deals with less severe injuries, it ensures that individuals who inflict harm are held accountable for their actions. Understanding the provisions of Section 323 IPC is essential for legal professionals and the general public to navigate the complexities of criminal law effectively.

Spread the love