Section 323 IPC Punishment
⚖️ Section 323 IPC – Punishment for Voluntarily Causing Hurt
🔹 Meaning:
This section deals with punishment for the offence of voluntarily causing hurt as defined under Section 319 IPC.
Hurt = bodily pain, disease, or infirmity caused to any person.
👉 If a person voluntarily causes hurt to another (without grave provocation, etc.), punishment is prescribed under Sec. 323 IPC.
🔹 Punishment:
Imprisonment of either description (simple or rigorous) up to 1 year, OR
Fine up to ₹1,000, OR
Both.
🔹 Nature of the Offence:
Cognizable (police can register FIR and investigate without magistrate’s order).
Bailable (accused has right to be released on bail).
Compoundable (with permission of the Court, by the person to whom hurt is caused).
Triable by: Any Magistrate.
🔹 Example:
A slaps B, causing pain and swelling. This is voluntarily causing hurt, punishable under Section 323 IPC.
🔹 Important Case Laws:
Kishori Lal v. State of M.P. (2007):
– Court held that for Section 323, prosecution must prove bodily pain or infirmity caused intentionally.
Ramesh v. State of Himachal Pradesh (2010):
– Injury does not need to be serious; even simple hurt like bruises qualifies.
State of Karnataka v. Shivalingaiah (1988):
– Even without medical evidence, conviction under Sec. 323 possible if complainant’s testimony is credible.
📊 Quick Summary – Section 323 IPC
| Aspect | Details |
|---|---|
| Section | 323 IPC |
| Offence | Voluntarily causing hurt |
| Punishment | Imprisonment up to 1 year, or Fine up to ₹1,000, or both |
| Nature | Cognizable, Bailable, Compoundable |
| Triable by | Any Magistrate |
| Key Case Laws | Kishori Lal v. State of M.P., Ramesh v. State of H.P., Shivalingaiah case |
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