IPC Section 321 - Voluntarily Causing Hurt
Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt".
Official Text
“Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt".”
Legal Analysis
Elements to Prove:
- The accused did an act with intention to cause hurt, or
- The accused did an act with knowledge that hurt was likely.
- The act actually caused hurt to a person.
- The hurt was not accidental.
Potential Defenses:
- The accused had no intention to cause hurt.
- The accused had no knowledge of likely harm.
- No hurt was caused.
- The accused was acting in self-defense.
Practical Examples
What Constitutes the Offense:
A person intentionally hitting someone, or knowingly administering harmful substances.
What Doesn't Constitute:
A person accidentally causing harm, or acting in self-defense.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court clarified that voluntary causing of hurt requires intention or knowledge of likely harm.
Punishment
This is a definitional section. Punishment is provided in Section 323.
Related Information
Connected Sections:
This section defines voluntarily causing hurt. It is followed by Section 323 (Punishment for voluntarily causing hurt).
Procedural Aspects:
Prosecution requires proof of intention or knowledge. The case is triable by any Magistrate.