IPC Section 327
IPC Section 327: Voluntarily causing hurt on provocation
Text (simplified):
“Whoever voluntarily causes hurt to someone on sudden provocation, without premeditation, shall be punished under this section.”
1. Nature of the Offense
Section 327 deals with hurt caused in sudden anger or provocation, where the offender acts without prior planning.
It recognizes human impulsive behavior but still holds the person accountable for the harm caused.
2. Ingredients of the Offense
To constitute an offense under Section 327, the following elements must exist:
Voluntary Hurt:
The accused must intentionally cause physical pain or injury to another person.
“Hurt” is defined under Section 319 IPC as causing bodily pain, disease, or infirmity.
Sudden Provocation:
The act must be a response to sudden provocation, not pre-planned or deliberate.
Provocation could be words, gestures, or actions that would reasonably provoke a person to lose self-control.
Absence of Premeditation:
The offender does not plan the act beforehand; it is impulsive.
Intent to Hurt:
Even though there is provocation, there must still be an intent to cause hurt, not necessarily to kill or cause grievous injury.
3. Punishment
The punishment is generally less severe than for hurt caused with premeditation (like under Section 319 or 320).
The court takes into account sudden provocation as a mitigating factor, reducing the severity of punishment.
4. Key Points
Provocation must be immediate and sudden, not a delayed reaction.
Words or actions reasonably expected to provoke a person can justify Section 327 as opposed to Section 324 or 325, where there may be intent without provocation.
Section 327 does not apply if grievous hurt or death occurs, which may invoke other sections with higher punishment.
5. Example
Person A insults Person B in public, and in sudden anger, Person B hits A with a stick, causing minor injury.
This falls under IPC Section 327, as the hurt was caused voluntarily due to sudden provocation without premeditation.
If Person B planned to attack later after a week, it would not fall under Section 327 because it is premeditated.
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