Section 323- Punishment for Voluntarily causing hurt
Section 323 IPC states punishment for voluntarily causing hurt. As provided under the Section, “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.”
For a better understanding of sec 323 IPC, it is necessary to know the terms like, hurt, what does the term voluntarily causing hurt mean and what is included in this section and which aspects are excluded.
The term “Voluntarily causing hurt” is defined under section 321 of the IPC. According to the provisions of this section, if a person with prior intention causes or knows that his action will cause hurt to any person, still continues to do such an act is said to commit an offence of Voluntarily causing hurt.
Here, if a person causes bodily pain, any kind of disease or infirmity to any person. Therefore, if a person who intentionally causes any kind of hurt to a person, or who knows that his act will amount to cause hurt to the person, such a person shall be held liable for committing the offence of Voluntarily causing hurt.
Further, section 323 Indian Penal Code is a general section prescribing punishment for voluntarily causing simple hurt.
Under the purview of this sec 323 Indian Penal Code, exceptions are provided to the cases of section 334, which states the act done in the sudden provocation. Sudden provocations are the acts which the accused neither intends nor he himself knew that it would cause hurt to any person other than the provoker.
There is a huge difference between the both, voluntarily causing hurt and hurt caused due to sudden provocation. In the former case, the person intentionally harms other, whereas, in the later one, the person commits an act in sudden provocation. The immediate act which occurred in order of self-defense, due to continuous provocation and so on.
Hence, IPC 323 states the prescribed punishment which leads to imprisonment for 1 year or with the fine depending upon nature and gravity of the offence committed.
The act also states that offence committed is a Non-cognizable and bailable offence, which is triable by any Magistrate.
The offence committed is compounded by the person to whom the hurt is caused.
