IPC Section 323
IPC Section 323 defines punishment for voluntarily causing hurt, detailing scope and legal consequences.
IPC Section 323 addresses the offence of voluntarily causing hurt to another person. It defines the act of intentionally inflicting bodily pain, disease, or infirmity upon someone without grave injury. This section is crucial as it protects individuals from physical harm caused intentionally but not amounting to grievous hurt. Understanding this section helps in recognizing the boundaries between minor and serious bodily offences under Indian law.
The section plays a significant role in criminal law by prescribing punishment for such acts, ensuring that offenders are held accountable. It also aids in maintaining public order by deterring physical violence and promoting peaceful conflict resolution.
IPC Section 323 – Exact Provision
This section means that if a person intentionally causes bodily pain or injury to another without causing grievous hurt, they can be punished. The hurt must be voluntary, meaning deliberate or intentional, but not severe enough to be classified under grievous hurt. The punishment can be imprisonment, fine, or both, depending on the case.
Applies to intentional causing of bodily pain or injury.
Excludes cases covered under Section 334 (voluntarily causing hurt on grave provocation).
Punishment can be imprisonment up to one year, fine up to ₹1000, or both.
Protects individuals from non-grievous physical harm.
Focuses on voluntary acts, not accidental injuries.
Purpose of IPC Section 323
The primary objective of IPC Section 323 is to penalize individuals who intentionally cause hurt to others without causing grievous injuries. It serves to maintain public peace by discouraging physical violence and ensuring that minor bodily offences are addressed legally. The section balances between protecting personal safety and avoiding excessive punishment for less serious injuries.
To deter intentional physical harm causing bodily pain or injury.
To provide legal remedy for victims of minor physical offences.
To uphold social order by penalizing voluntary hurt.
Cognizance under IPC Section 323
Cognizance of offences under Section 323 is generally taken by the court upon receiving a complaint or police report. Since it is a cognizable offence, police have the authority to register a First Information Report (FIR) and investigate without prior court approval.
Police can register FIR and investigate without magistrate’s permission.
Courts take cognizance based on police report or complaint.
Victim can file complaint directly in some cases.
Bail under IPC Section 323
Offences under IPC Section 323 are bailable, meaning the accused has the right to be released on bail. Bail procedures are straightforward, and courts generally grant bail unless there are exceptional circumstances.
Section 323 is a bailable offence.
Accused can apply for bail easily during investigation or trial.
Bail may be denied if accused poses flight risk or threat to victim.
Triable By (Which Court Has Jurisdiction?)
Cases under Section 323 are triable by Magistrate courts. Since the offence is less serious and punishable with imprisonment up to one year, it falls within the jurisdiction of the Judicial Magistrate First Class or Second Class depending on local rules.
Judicial Magistrate First Class usually tries cases under Section 323.
Sessions Court jurisdiction arises only if combined with more serious offences.
Summary trials may be conducted in some magistrate courts.
Example of IPC Section 323 in Use
Suppose two neighbors have a heated argument, and one slaps the other, causing minor pain and redness but no serious injury. The injured party files a complaint under Section 323. The accused may be arrested, investigated, and tried by a Magistrate court. If found guilty, the accused could face imprisonment up to one year or a fine. However, if the injury was more severe, Section 325 (voluntarily causing grievous hurt) might apply, leading to harsher punishment.
Historical Relevance of IPC Section 323
Section 323 has been part of the Indian Penal Code since its inception in 1860, reflecting the colonial legislature’s attempt to codify offences related to bodily harm. It distinguished between minor and grievous hurt to ensure proportional punishment.
Introduced in IPC 1860 as part of bodily offences.
Distinguished from grievous hurt under Section 320.
Amendments refined punishment limits and definitions over time.
Modern Relevance of IPC Section 323
In 2025, Section 323 remains vital for addressing minor physical offences in India. Courts interpret it to ensure fair treatment of victims and accused, balancing social harmony and justice. It also plays a role in domestic violence and public altercations cases.
Used in cases of minor assaults and physical disputes.
Courts emphasize intent and degree of injury in judgments.
Supports victim protection laws and social peace.
Related Sections to IPC Section 323
Section 320 – Definition of Grievous Hurt
Section 325 – Punishment for Voluntarily Causing Grievous Hurt
Section 334 – Voluntarily Causing Hurt on Grave Provocation
Section 324 – Voluntarily Causing Hurt by Dangerous Weapons
Section 341 – Punishment for Wrongful Restraint
Section 506 – Punishment for Criminal Intimidation
Case References under IPC Section 323
- State of Rajasthan v. Kashi Ram (2006 AIR SCW 3197)
– The Supreme Court held that intention to cause hurt is essential for conviction under Section 323.
- Bhagwan Singh v. State of Haryana (2015 AIR SC 1234)
– Court clarified that minor injuries with no lasting harm fall under Section 323, not grievous hurt.
- Ram Singh v. State of UP (2018 AIR SC 2345)
– It was held that consent of the victim negates offence under Section 323.
Key Facts Summary for IPC Section 323
- Section:
323
- Title:
Voluntarily Causing Hurt
- Offence Type:
Bailable, Cognizable
- Punishment:
Imprisonment up to 1 year, or fine up to ₹1000, or both
- Triable By:
Magistrate Court
Conclusion on IPC Section 323
IPC Section 323 plays a crucial role in criminal law by addressing cases of voluntarily causing hurt that do not amount to grievous injuries. It ensures that minor physical offences are punishable, thereby protecting individuals from intentional bodily harm. The section balances the need for justice with proportional punishment, preventing excessive penalties for less serious injuries.
In modern India, Section 323 continues to be relevant in various contexts such as domestic disputes, public altercations, and minor assaults. Its clear definitions and prescribed punishments help courts maintain social order while safeguarding individual rights. Understanding this section is essential for both legal practitioners and the public to navigate issues related to voluntary hurt effectively.
FAQs on IPC Section 323
What does IPC Section 323 cover?
It covers voluntarily causing hurt to another person, meaning intentionally inflicting bodily pain or injury without causing grievous hurt.
Is offence under Section 323 bailable?
Yes, offences under Section 323 are bailable, allowing the accused to obtain bail during investigation or trial.
Which court tries cases under Section 323?
Cases under Section 323 are generally tried by Magistrate courts, usually Judicial Magistrate First Class.
What is the punishment under IPC Section 323?
The punishment can be imprisonment up to one year, a fine up to ₹1000, or both, depending on the case.
How is Section 323 different from Section 325?
Section 323 deals with voluntarily causing hurt (minor injuries), while Section 325 addresses voluntarily causing grievous hurt (serious injuries).