IPC section 323 refers to the Indian Penal Code's provision on punishment for voluntarily causing hurt. According to this section, whoever voluntarily causes hurt to any person shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
There are various forms of hurt that are covered under this section, including physical injury, emotional injury, and financial loss. The punishment for causing hurt will depend on the severity of the injury and the circumstances in which it was inflicted.
For example, if a person intentionally punches another person and causes a minor injury, they may be punished with a fine or imprisonment for a short period of time. On the other hand, if the injury is more severe, such as a broken bone, the punishment may be more severe, possibly including a longer period of imprisonment.
It is important to note that this section applies only to cases where the hurt was inflicted voluntarily, meaning it was done on purpose or with reckless disregard for the consequences. If the hurt was inflicted accidentally or unintentionally, it may not be covered under this section.
In addition to punishing those who cause hurt, IPC section 323 also provides for the protection of victims of hurt. If a person has been injured as a result of another person's actions, they may seek compensation through the criminal justice system or through a civil lawsuit.
Overall, IPC section 323 serves as a deterrent against intentional acts of violence and provides a means for victims to seek justice and compensation for the harm they have suffered. It is a critical part of India's legal system, ensuring that those who cause hurt to others are held accountable for their actions.
Is IPC section 323 bailable?
Under this section, the offence is caused by the use of weapons used for firing, blades used for wounding or cutting or other dangerous weapons, that might probably cause death. Conclusion As per the Code of Criminal Procedure Amendment Act 2005 CrPC , Section 324 causing hurt by use of dangerous weapons , earlier used to qualify as a compoundable offence. Anticipatory bail cost for 498a varies from lawyer to lawyer and difficulties in the matter. Since chargsheet is proof that the investigation officer completed the investigation and compiled all evidence, the role of the trial court starts and it creates a need to be testified before the trial court all the evidence and witnesses. Emasculation This clause is confined to males only. What is the Procedure of Appeal in a case under Section 323? Section 321 talks about voluntarily causing hurt to another. At times, the society sees only one side of the narrative and is quick to judge the husband.
Understanding Section 323 of IPC: What You Need to Know
Causing Hurt by Means of Poison Under this provision, the guilty party must manage toxic substance or some other stunning, or unwholesome medication to the person in question. This offence is considered to be a minor one and is punishable by a relatively less severe sentence. It is bailable, compoundable and is triable by a Magistrate. There is always a warrant required signed by the Magistrate first class. Fracture or dislocation of a bone or tooth A fracture, in order to attract this clause, must extend to the inner surface. The injured individual is set up to support the hostile direct of the blamed who became reprimanded and apologetic. Shivlingaiah AIR 1988 SC 115 Where an accused squeezed the testicles of a victim resulting in his death almost instantaneously and the incident took place all of a sudden, it could not be said that the accused had any intention causing the death of deceased nor could he be attributed with knowledge that such act was likely to cause his cardiac arrest resulting in his death.
How to write a complaint for an offense under section 323 of IPC? Is Section 324 bailable or not? After which I went away to the police station and filed a complaint against the two. Make sure to sign the complaint and include your contact information so that the authorities can reach you for further information or clarification. Punishment for voluntarily causing hurt. According to the Indian Penal Code, whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. Causing hurt or grievous hurt using dangerous weapons Grievous hurt Certain types of hurt fall under the ambit of grievous hurt under Section 320 of the IPC.
There is no criminal Court without these cases. The magistrate has the power to issue summons to any person as a witness or order him to produce any document. The term member is used to mean nothing more than an organ or a limb. Offences under Sections 336, 337 and 338 are cognizable and subject: Offense under Section 336 is non-compoundable, though under Sections 337 and 338 are compoundable. Prosecution evidence: After the charges are framed, and the accused pleads not guilty, then the court requires the prosecution to produce evidence to prove the guilt of the accused. .
It can likewise emerge from different weapons which are probably going to cause demise or death. There are numerous ways in which a person may commit non-fatal offences against the society or an individual for example by causing bodily injury, destruction to property or infecting someone with a deadly disease. This can be administered to another person by giving him poison or a toxic substance. When a person commits an offence of voluntarily causing hurt as mentioned under section 321 of IPC, he will be liable to be punished for a term up to 1 year and fine which may extend up to Rs. These areas will be pertinent in situations where hurt caused is an immediate consequence of the carelessness or rash act. A fractured or dislocated bone may be set or rejoin, but on account of the extreme suffering to which it gives upward thrust, the harm is named as grievous. It is an incapability of an organ to carry out its everyday function, whether temporarily or completely.
The victim is prepared to condone the offensive conduct of the accused who became humble and repentant. Voluntarily causing hurt to deter public servant from his duty. Section 320 designates eight kinds of hurt as grievous and provides enhanced punishment in such cases. The pain inflicted cannot be mental or emotional in nature. Injury is said to endanger life in the event that it might put the life of the harmed in danger. People other than community workers who may go with them for help and direction are not qualified to guarantee unique security under Sections 332 and 333.
Punishment for voluntarily causing hurt. Such a hurt is grievous hurt. Unexpectedly, the aggravating plan assuages the courts of the weight of aggregated cases. But during trial and before the judgement you can not file defamation case against false 498a. Property or valuable security. The deceased became senseless and eventually died. Yes once you acquitted by the trial court, you can file defamation case against false 498a.
Indian Penal Code (IPC) Section 323. Punishment for voluntarily causing hurt.
Read More In Criminal Law Sir we had fought with our neighbors, they had filed a false case against us with ipc 452,323,506 and 34. Charges: If after considering the police report and other important documents the accused is not discharged then the court frames charges under which he is to be tried. Disease The communication of disease from one person to another through the way of touch would also constitute hurt. Fifthly — Destruction or permanent impairing of the powers of any member or joint. It was held that the case fell under Sec. The offence of voluntarily causing hurt is a non-cognizable offence, meaning thereby if a person has committed an offence under this section the police cannot arrest such a person without a warrant.
Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful. Goal and information need to be proved. Tell us something you know better. The accused tossed corrosive on a young lady named Hasina for declining his employment bid. It is prescribed that a changed rule overseeing offences of savagery ought to incorporate an offence of taking steps to slaughter, influence genuine damage to or assault any individual, including situations where the risk is restrictive on the direction of the individual to whom the danger is made or some other actuality or event.