- This section of IPC states that whoever voluntarily
causes hurt shall be punished with imprisonment of either description for a term extending to one year, with a fine extending to one thousand rupees,
or with both. The term "hurt" is defined in the
IPC as any bodily pain, disease or infirmity caused to anyone. The offence of
causing hurt can be committed by any means, such as using force, a weapon, or poison.
- It is important to note that the hurt caused
must be voluntarily caused. This means that the person causing the hurt must have
intended to cause it or must have known that the hurt was likely to be caused due to their actions. If the hurt is caused accidentally or without intention, it does not amount to an offence under Section 323 IPC.
- This section of IPC is a bailable offence, which means that the accused can apply for bail and be released from custody pending trial. However, the offence is non-compoundable, meaning the victim cannot withdraw the case even if they have reached a settlement with the accused.
Hence, it can be said that Section 323 IPC is an important
provision of the Indian Penal Code that deals with the offence of voluntarily causing
hurt. It aims to ensure that individuals who cause harm to others are held accountable
for their actions and punished accordingly.
Definition of Hurt
Under the 319 section of IPC, "hurt"
refers to bodily pain, injury, or harm caused to a person. It includes any physical
or mental injury that causes pain, disease, or infirmity to a person. The definition
of "hurt" in the IPC is quite broad and can include many injuries
or harms, such as bruises, cuts, fractures, burns, and more.
According to section 319 of the Indian Penal Code, whoever causes bodily pain, disorder or disease to any person is said to cause hurt, 'bodily
pain' means that the pain is physical rather than mental pain. Should be Therefore,
causing hurt to anyone mentally or emotionally would not amount to 'harm' within
the meaning of section 319. The term “hurt” also covers mental or emotional hurt
that can result from harassment, humiliation, or other forms of non-physical harm.
It's important to note that the harm or injury must be caused to a person and cannot
be caused to a non-living object or animal. In addition, for an offence to be considered "hurt" under the IPC, the harm or injury must be caused voluntarily.
This means that the person causing the harm must have intended to cause it or known
that it was likely to be caused due to their actions. In conclusion, "hurt"
under Indian laws refers to bodily pain, injury, or harm caused to a person.
The term includes physical and mental injuries, and the harm must be caused voluntarily
to be considered an offence under the IPC.
Examples for Understanding
Some examples to help you better understand the scope and
application of Section 323 IPC.
Example 1: A
person gets into a fight with another person and punches him in the face, causing
him to suffer a black eye and a broken nose. In this case, the person has voluntarily
caused hurt to the other person and is liable to be punished under Section 323
IPC.
Example 2: A
doctor administers an injection to a patient, but fails to take proper care while
doing so, causing the patient to suffer pain and swelling at the injection site.
In this case, the doctor has not intentionally caused hurt to the patient, and the
offence does not fall under Section 323 IPC.
Example 3: A
group of people get into an argument over a property dispute, and in the heat of
the moment, one of them picks up a stone and throws it at another person, causing
him to suffer a head injury. In this case, the person who threw the stone voluntarily, causing hurt to the other person, can be punished under Section 323 IPC.
Example 4: A
person sets up a trap in his backyard to catch a wild animal but fails to ensure it is safe for humans. Another person accidentally steps on the trap and suffers
a sprained ankle. In this case, the person who set up the trap did not intend to
cause hurt to the other person, and the offence does not fall under Section 323
IPC.
In all of these examples, the key factor in determining
whether an offence falls under Section 323 IPC is whether the hurt was voluntarily
caused by the accused. If the accused acted intentionally or with the knowledge that
their actions were likely to cause hurt, they can be held liable for the offence.
Bailable or Non-Bailable Offence
Section 323 of the Indian Penal Code (IPC), which deals
with the offence of voluntarily causing hurt, is a bailable offence. This means
that if a person is accused of committing an offence under Section 323 IPC, they
have the right to apply for bail and be released from custody pending trial.
However, it's important to note that granting bail
is subject to the court's discretion. The court may deny bail if it believes
that the accused is a flight risk or if there is a likelihood that they may interfere
with the investigation or tamper with evidence. In addition, the accused may be
required to provide sureties or bail bonds, which are agreements that require them
to appear in court for all hearings and trial proceedings. Failure to comply with
the conditions of bail may result in the cancellation of bail and the arrest of
the accused. In conclusion, Section 323 IPC is a bailable offence, but the accused
must apply for bail and satisfy the conditions set
by the court to be released from custody.
What is the procedure of trial?
The procedure for the trial of a case under Section 323 of the Indian Penal Code (IPC) is generally the same as that for other criminal cases. Here is a brief overview of the procedure:
Filing of complaint:
The first step in the trial process is the filing of a complaint with the police
or the court. The complaint must contain the details of the offence, including the
date, time, and place where it occurred, the names of the accused and the victim,
and a description of the harm caused.
Investigation:
Once a complaint is filed, the police will initiate an investigation into the offence.
They will collect evidence, interview witnesses, and gather other information to
build a case against the accused.
Filing of charge sheet:
If the police find evidence to support the complaint, they will file a charge sheet
in court. The charge sheet will contain the details of the offence and the evidence
gathered by the police.
Framing of charges:
The court will then examine the charge sheet and frame charges against the accused
based on the evidence presented. The accused will be informed of the charges and
asked to plead guilty or not guilty.
Trial:
The trial will begin with the prosecution presenting its case and calling witnesses
to testify. The defence will have the opportunity to cross-examine the witnesses
and present their own evidence and witnesses.
Verdict: Once both the prosecution and the defence have presented their cases, the court
will deliver a verdict. If the accused is found guilty, the court will determine
the appropriate punishment.
Appeal:
If either party is not satisfied with the verdict, they may appeal to a higher court.
In conclusion, the procedure for the trial of a case under
Section 323 IPC is similar to that for other criminal cases and involves the filing
of a complaint, an investigation by the police, framing of charges, trial, and delivery
of the verdict.
What is the procedure for appeal in a case
under section 323?
If a person is not satisfied with the verdict in a case
under Section 323 of the Indian Penal Code (IPC), they may file an appeal with a
higher court. Here is a brief overview of the procedure for filing an appeal:
Notice of appeal: The
first step in filing an appeal is to file a notice of appeal with the court that
delivered the verdict. The notice of appeal must be filed within the prescribed
time limit, usually 30 days from the date of the verdict.
Preparation of appeal memo: Once
the notice of appeal is filed, the appellant must prepare an appeal memo, which
sets out the grounds of appeal and the legal arguments supporting them. The appeal
memo must also contain a copy of the judgment being appealed against.
Submission of appeal memo: The
appellant must submit the appeal memo to the higher court within the prescribed
time limit, usually 60 days from the verdict date.
Hearing of appeal: Once
the appeal memo is submitted, the higher court will fix a date for the appeal hearing. The appellant and the respondent (the party against whom the appeal
is filed) can present their cases and arguments before
the court.
The decision of higher court: After
hearing the arguments of both parties, the higher court will deliver its verdict.
The court may uphold the lower court's verdict, modify it, or overturn it completely.
Execution of the higher court's verdict: If
the higher court modifies or overturns, the lower court's verdict, the lower court
will be required to execute the higher court's verdict.
In conclusion, the procedure for filing an appeal in a case under Section 323 IPC involves filing a notice of appeal, preparing an appeal memo, submitting it to the higher court, and presenting arguments before the court. The higher court will then deliver its verdict, which may be executed by the lower court if necessary.
References
Gaur, K. 2009. Textbook on the Indian Penal Code. Universal
Law Publishing.
Criminal Justice and Supreme court (2005), Allied Publishers.
Vadackumchery, J. 1997. Indian Police and Miscarriage
of Justice. APH Publishing.
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