Section Overview
Section Number:
IPC Section 323
Section Title:
Punishment for Voluntarily Causing Hurt
Act:
Indian Penal Code, 1860 (IPC)
Status:
Active (corresponding provisions retained under Bharatiya Nyaya Sanhita, 2023)
Applicability:
IPC Section 323 applies when:
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A person voluntarily causes hurt to another person;
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The act does not fall under more serious provisions such as grievous hurt;
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Bodily pain, disease, or infirmity is caused intentionally;
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No special aggravating circumstances exist.
It is commonly used in:
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Physical assault cases;
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Neighborhood disputes;
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Road rage incidents;
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Domestic altercations;
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Minor fights and scuffles.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 323 ka simple matlab hai ki agar koi vyakti jaanbujhkar kisi doosre vyakti ko chot, dard ya physical injury pahunchata hai, to usko punishment mil sakti hai.
Simple words mein:
"Jaanbujhkar kisi ko maarna ya chot pahunchana punishable offence hai."
Legal Definition (Original Law Meaning)
IPC Section 323 is based on Section 321.
A person becomes liable when:
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Hurt is caused;
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The hurt is caused voluntarily;
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There is intention or knowledge;
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No grievous hurt is involved.
Practical Interpretation
Courts generally examine:
Physical Harm
Victim suffered bodily pain or injury.
Voluntary Conduct
Act was intentional.
Knowledge
Accused knew injury was likely.
Medical Evidence
Medical records help establish hurt.
Meaning of Hurt
Under IPC:
"Hurt" means:
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Bodily pain;
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Disease;
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Infirmity.
Even relatively minor injuries can amount to hurt.
Why IPC Section 323 Was Introduced?
The legislature intended to:
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Punish simple assault;
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Protect bodily integrity;
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Prevent interpersonal violence;
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Provide accountability for minor injuries.
Importance of the Provision
IPC Section 323:
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Protects individuals from physical violence;
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Acts as foundation of assault-related offences;
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Provides remedy for victims of simple hurt;
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Maintains public order.
Difference Between Sections 323 and 325
IPC Section 323
Punishment for simple hurt.
IPC Section 325
Punishment for grievous hurt.
👉 Severity of injury determines which section applies.
Punishment & Legal Classification
Punishment
IPC Section 323 provides:
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Imprisonment up to 1 year; OR
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Fine up to ₹1,000; OR
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Both.
Bailable / Non-Bailable
Bailable.
Cognizable / Non-Cognizable
Generally Non-Cognizable.
Compoundable
Compoundable by the person to whom hurt is caused.
Triable By
Any Magistrate.
IPC ↔ BNS Mapping
IPC Section
IPC Section 323
BNS Equivalent
Corresponding provisions dealing with voluntarily causing hurt continue under Bharatiya Nyaya Sanhita, 2023.
Status
Concept retained.
Real-Life Examples
Example 1: Slapping During Argument
A person slaps another during a heated dispute causing pain.
IPC Section 323 may apply.
Example 2: Minor Assault
A person punches another causing bruises but no serious injury.
Section 323 becomes applicable.
Example 3: Road Rage Incident
Two drivers fight and one causes minor physical injury to the other.
IPC Section 323 may be invoked.
Landmark Judgments
Case Name:
Jagdish v. State of Rajasthan
Court:
Supreme Court of India
Key Takeaway:
Intentional physical injury supported by evidence can attract liability for hurt offences.
Case Name:
State of Karnataka v. Shivalingappa
Court:
Supreme Court of India
Key Takeaway:
Medical evidence plays a significant role in injury classification.
Case Name:
Various Hurt and Assault Cases
Court:
Indian Courts
Key Takeaway:
Even minor injuries can constitute hurt if caused voluntarily.
Legal Insights
When Is This Section Applied?
IPC Section 323 is applied when:
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Physical injury occurs;
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Injury is simple and not grievous;
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Act is voluntary;
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Evidence supports intentional conduct.
Common Misuse Scenarios
False Assault Complaints
Personal disputes resulting in exaggerated allegations.
Minor Contact Misrepresented
Normal physical interaction portrayed as assault.
Self-Defence Situations
Legitimate self-defence incorrectly treated as offence.
Lack of Medical Evidence
Weak evidence leading to disputed claims.
Defenses Available
Self-Defence
Act performed to protect oneself.
Accident
Injury occurred unintentionally.
Consent
Victim voluntarily accepted the risk.
Lack of Intention
No intention to cause hurt.
False Implication
Accused wrongly implicated.