IPC Section 323 - 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.
Official Text
“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 both.”
Legal Analysis
Elements to Prove:
- The accused voluntarily caused hurt as defined in Section 321.
- The hurt was not covered by Section 334.
- The hurt was intentional and not accidental.
- The hurt was caused to another person.
Potential Defenses:
- No hurt was voluntarily caused.
- The case falls under Section 334.
- The accused was acting in self-defense.
- The accused was acting under legal authority.
Practical Examples
What Constitutes the Offense:
A person intentionally hitting someone causing pain, 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 the punishment structure for voluntarily causing hurt.
Punishment
Up to 1 year, or Fine up to ₹1,000, or both
Related Information
Connected Sections:
This section provides punishment for voluntarily causing hurt. It follows Section 321 and is subject to Section 334.
Procedural Aspects:
Prosecution requires proof of voluntary causation of hurt. The case is triable by any Magistrate.