Section 323 of Indian Penal Code (IPC) 

Index
1. Constituents of 323 IPC
2. Complaint Under 323 IPC
3. Punishment for 323 IPC
4. 323 IPC: Bailable?
5. Scratch Marks Under 323
6. Injury Report for 323 IPC
7. 323 IPC Acquittal
8. Nature of 323 Offence
9. 323 Case Trial
10. 323 Case Appeal
11. Section 323 Case Laws
12. Conclusion
13. FAQs on 323 IPC

Section 323 of the Indian Penal Code (IPC) deals with the accused of hurting people intentionally. This states that if anyone hurts someone with the intention of hurting someone, then he/she shall be punished with imprisonment of a minimum of at least 1 year along with a fine of one thousand rupees.

The punishment may vary with the method of attempting to hurt the person. Punishment may be increased if the hurt is caused by means of any poison, erosive, or explosive.

What are the Constituents of IPC 323?

Section 323 of the Indian Penal Code (IPC) deals with the accused of hurting other people intentionally. In order to be considered an offence under this section, there must be some specified conditions:

1. The accused must have done it with the intention to hurt the other person.
2. The hurt caused by the accused must not be severe or life-threatening.
3. The act will not be counted if it is committed in the heat of passion or in self-defence.

In case any or all of such conditions above do exist, the offender will face prosecution for the crime under Section 323 of IPC leading to imprisonment for a maximum period of 1 year accompanied by an option of penalty also. The sentences may vary according to the circumstances surrounding which took place the event.

How to write a complaint for an offence under section 323 IPC?

For writing a complaint for an offence under section 323 of the Indian Penal Code (IPC), the following steps are required to be followed:

• Find the specific provision of the IPC which have been violated. Section 323 deals with punishment for intentionally hurting anyone.
• Collect all the linked information and evidence linked with the offence. This might include information such as names and addresses of the person accused and the victim of the matter, the date and time of the incident, and any witnesses or supporting documents that should also be gathered if there is present.
• Draft the complaint about the crime that happened in a clear and brief, mentioning all the relevant facts and details about the offence. Make sure to add the section of the IPC which has been violated.
• Sign the complaint and include your contact information so that the authorities can reach you for clarification or other relevant information.
• Submit the complaint of the offence to the appropriate authorities like to your local police station or the magistrate’s court.
• Ensure that you keep a copy of the grievance for your records and contact the relevant authorities to ascertain that the complaint is being handled accordingly.

Section 323 of the IPC states that only cases where the accused has hurt the victim with an intention that may very well be life-threatening are dealt with in this section.

Delving into the Consequences: Punishment for Violating Section 323 IPC 

According to Section 323 IPC, the accused of hurting someone with the intention of hurting, which might be dangerous, life-threatening or which might have caused serious injuries, then the accused will be punished with 1 year of imprisonment along with a fine.

Is 323 IPC Bailable or Not?

The Indian Penal Code (IPC) Section 323 provides that a person accused of intentionally hurting another can apply for bail before or even after arrest. The court possesses complete authority to grant bail to the accused.

However, the court may very well cancel or refuse the bail request if it feels like the accused might flee or may cause danger to other civilians.

The high court or supreme court of India would consider the act and injury of the victim before announcing any punishment to the accused.

Is causing scratch marks an offence under IPC Section 323?

Under Section 323 of the Indian penal code, scratching on a person’s body can be counted as an offence. This section 323 IPC applies to any act that can cause bodily harm or injury against another person.

Because scratching causes damage to human skin cells and could therefore lead both to injuries and suffering, it is appropriate that it finds its place within this provision.

Is an injury report mandatory for conviction under section 323?

According to Indian law, having an injury is not a necessary requirement for judgment under section 323 of the Indian Panel Code (IPC). But having said that, having an injury report in cases from alleged crime acts as valuable evidence for the tails of the crime.

There might be a few cases where physical injury reports might not be present, which may make it difficult for the judgment of the case to find the guilty and the intent of the accused. Consulting a Lawyer is helpful in this kind of situation. 

Acquittal under Section 323 IPC

Section 323 of the India Penal Code (IPC) acquittal signifies a verdict rendered by the court in favour of an accused who is trying to make himself free from charges of having caused hurt voluntarily. The IPC provides for punishment for any person who voluntarily causes hurt, not severe or fatal in nature.

In order for one accused under this provision to be acquitted, the prosecution must show that, beyond a reasonable doubt, it has failed to prove one or more of the required elements of the crime. For instance, if it cannot substantiate that hurt was caused voluntarily by the accused or that it was serious, it would result in acquittal on various grounds using this section.

The court can suo motu grant an acquittal under section 323 of IPC or may accept a request for such acquittal filed by the counsel of accused persons. Before reaching any decision related to such request, courts generally take into account facts as well as evidence produced in support of prosecution.

Those who have been found not guilty under this article are free and can no longer be said to be liable for a crime they were charged with. They are at liberty until the prosecution establishes wrongdoing against them by lodging cutting-edge appeals since they regard themselves as having been wrongly released from their respective charges based on erroneous or mistaken facts in law.

Section 323 of the Indian Penal Code (IPC) states that acquittal signifies a judgment made by a court, exonerating the accused from the violence charge. IPC allows punishment for inflicting wounds on other individuals without giving them severe where this is not relevant to danger to life.

For an accused person to get an acquittal in this section, the court has to prove that he/she didn’t perform one or more of the essential parts of this particular crime beyond doubt. For example, if it can’t be shown by the prosecution that the injury was given voluntarily or whether the injury was serious or endangering life, then under this law accused can also be acquitted.

The court itself can grant the acquittal by means of section 323 of IPC or ask for it by the defence advocate of the accused persons. Before doing so, however, courts shall look at facts relating to case and prosecution evidence.

Those in case of whom acquittal under this section has been given are not guilty before and may walk free. Nevertheless, it is possible for the prosecution to go on appealing if they think that the acquittal was wrongfully delivered or misunderstood against facts as well as laws.

What is the Nature of the Offence under Section 323?

If the accused offences someone with a clear intent to hurt that person, then is referred to as a non-cognizable offence and the police require an arrest warrant in order to arrest the accused. The accused may very well apply for bail. The magistrate with authority over the place where the offence was committed has jurisdiction to investigate and decide on cases under this offence.

What is the Trial Procedure in a Section 323 case?

1. Filing of Complaint:

The victim of the accused can file the complaint to the police station or directly to the court under Section 323 of the Indian Penal Code (IPC).

2. Investigation:

After the report of the crime is filed at the police station, the investigation of gathering evidence starts on the matter, interview of the witness of the crime starts as well.

3. Filing of Charge Sheet:

Suppose the investigation crime on the accused is proven or reveals any information. In that case, the police have the right to file a charge sheet or final report on the accused in front of the Magistrate, informing about the offence of the accused.

4. Framing of Charges:

The Magistrate goes over the charge sheet and formulates accusations against the respondent according to the information given. Such accusations can also involve voluntarily inflicting injuries, as contained in section 323, among other applicable offences.

5. Plea:

To plead guilty or not guilty is the opportunity presented to the accused. When an accused person pleads guilty, the Magistrate may proceed to justly pronounce judgment. On the contrary, when he/she pleads not guilty, then the trial starts.

6. Examination of Witnesses:

In order to ascertain or dispute the veracity of the alleged incident, the state’s counsel parades its witnesses before both sides to either confirm or disprove their testimonies through questioning and answering sessions.

7. Presentation of Evidence:

The prosecution can utilise medical reports, photographs or other pertinent materials to strengthen their argument. On the other hand, the defence also has a chance of giving proof and calling upon witnesses.

8. Arguments:

In court, there are arguments made by the defence and prosecution after hearing witnesses and reviewing evidence. Their take on the presented facts is what they stand on in order to convince the court.

9. Judgment:

The Magistrate takes all the evidence, arguments, and legal provisions related to the case. 

Only then can the Magistrate announce judgment on the offence, either convicting or acquitting the accused.

10. Sentencing:

Suppose the accused is convicted of the offence. In that case, the Magistrate decides a suitable punishment for the accused, deciding on factors such as the severity of the offence and any mitigating or aggravating factors presented during the trial.

11. Appeal:

If they feel displeased with the verdict or sentence given, both parties – the prosecutor and accused can make an appeal to a superior court.

However, it should be pointed out that trial practices differ according to jurisdiction and legal framework in existence. Therefore, one ought to refer to relevant legislation and get direction from attorneys for precise and latest information.

People Also Read: Procedure for Trial under Section 420 of IPC

What is the Procedure of Appeal in a case under Section 323?

1. Appeal Limitation:

In cases of crime, except as prescribed by the statutes of criminal procedure or other relevant laws, there is no automatic right to appeal the ruling or order made by the Court.

2. Appeal Rules:

Usually, Sessions Courts and High Courts share similar rules and procedures for appeals, as the High Court is the highest court of appeal in the state.

3. Supreme Court:

The Supreme Court is the utmost Circuit in the land that has great discretion on criminal cases during their appeals.

4. Accused Rights:

If the High Court cancels the appeal and declares that the accused is guilty of the crime and announces the punishment of imprisonment or death penalty then the accused has all the rights to appeal to the Supreme Court.

5. Appellate Jurisdiction:

According to Article 134(1), the Supreme Court has the powers of the Indian Constitution.

6. Collective Appeal:

Multiple accused can be convicted in a trial and have the right to appeal together.

7. Appeal Restrictions:

The Code of Criminal Procedure contains specific provisions that restrict the appeal rights in certain situations: Section 265G, Section 375, and Section 376.

Section 323 IPC Case Laws

Examples of Real Court Cases Related to Section 323 IPC

1. Kanhai Mishra v. State of Bihar (2001)
   • What Happened?: Kanhai Mishra got into a fight and injured someone. The injury was small, but it was done on purpose.
   • Court’s Decision: The court said that because Kanhai hurt the person on purpose, he should be punished. This shows that even a minor injury done on purpose can lead to punishment.
2. Madan Lal v. State of Himachal Pradesh (2003)
   • What Happened?: Madan Lal hit someone over a land argument, causing a small injury.
   • Court’s Decision: The court decided that Madan Lal should be fined because he hurt someone on purpose. This case shows that causing even a small injury can result in punishment.
3. Kulwant Rai v. State of Punjab (1981)
   • What Happened?: Kulwant Rai got into a fight and injured another person, but the injury wasn’t severe.
   • Court’s Decision: The court said that since Kulwant Rai hurt someone intentionally, he should be punished. This means that if you hurt someone on purpose, you can still get in trouble, no matter how minor the injury.
4. Bhagwan Singh v. State of Rajasthan (1976)
   • What Happened?: Bhagwan Singh hurt someone in a marketplace. The injury was minor.
   • Court’s Decision: The court decided that even if the injury was not serious, Bhagwan Singh should be punished because he hurt someone on purpose. This shows that hurting someone, even a little, can lead to punishment.
5. Om Prakash v. State of Haryana (1997)
   • What Happened?: Om Prakash slapped someone during an argument, causing pain but no visible injury.
   • Court’s Decision: The court found that even though there was no visible injury, causing pain by slapping was still wrong. Om Prakash was punished with a fine. This case shows that hurting someone, even if you can’t see the injury, is still against the law.

Conclusion

A skilled lawyer can guide you if the allegations against you are right or the least tough punishment you may get.

The IPC’s Section 323 ensures there is an option for those who deliberately suffered injury from somebody.

Frequently Asked Questions on Section 323 IPC

Q1. What is the punishment of Article 323?

Ans1. The punishment for the offence under Section 323 is imprisonment for a term of up to one year and may also be a fine of Rs. 1000.

Q2. What evidence is required to prove Section 323 IPC?

Ans2. To charge a person for IPC 323, one must prove the hurt caused the victim to suffer bodily pain, disease, or infirmity. The accused had caused the hurt with the intention or with knowledge.

Q3. How do I get bail in Section 323?

Ans3. How to get Bail in a Section 323 case? In order to apply for bail when accused under Section 323 of the IPC, the accused will have to submit an application for bail in court. The court will then send the summons to the other party and will fix a date for the hearing.

Q4. What is the punishment for 323 324?

Ans4. Section 323 is punishable for one year and a fine of Rs. 1000, and Section 324 is punishable for three years and a fine.

Q5. What is the Supreme Court Judgement on 323 IPC?

Ans5. In Boini Mahipal vs The State of Telangana, the Supreme Court held: “In the absence of any incriminating material or other corroborative evidence pointing the participation of appellants in the incident, the conviction of appellants under Section 323 read with Section 34 of IPC cannot be sustained.”

Q6. What is the best Defence for 323?

Ans6. If you use force to defend yourself or someone else from an imminent threat, it wouldn’t be considered an offence under Section 323. The law recognises the right to self-defence, and any reasonable force used in that context is justified.

Q7. Is an injury report not mandatory for conviction under section 323 IPC?

Ans7. The existence of an injury report or its proof by the medical officer concerned is not necessary. The medical evidence is essentially a piece of opinion evidence, and even in the absence of medical evidence, the charge under Section 323 I.P.C.

Q8. In what cases can bail not be granted?

Ans8. In offences involving punishment for life imprisonment or the death penalty, the Magistrate has no jurisdiction to grant bail.

Q9. What are sections 323 and 506 of the IPC?

Ans9. The duo of these sections can also be termed Pain & Fear. Section 323 takes place when a person causes a simple hurt, and after that simple hurt, he makes his opponent do something that he is legally bound to do and takes control of him, committing section 506.

Q10. What is the difference between Article 323 A and 323 B?

Ans10. While 323A deals with administrative tribunals, 323B deals with other types of tribunals.

Q11. What is the punishment for Section 323 324?

Ans11. Explosives, destructive substances, or fire and flames also attract the provisions of this section. Under Section 324, the punishment for this offence is imprisonment for up to three years, a fine, or both.

Q12. What is Section 323 CrPC Supreme Court Judgement?

Ans12. “Section 323 Cr. P.C. gives a discretion to the Court to exercise its power at any stage of the proceeding before signing judgment. It is evident from the statute that the power under Section 323 Cr. P.C. may be invoked by the learned Magistrate at any stage of the proceeding before signing of the Judgment.”

Q13. Is 323 a compoundable offence?

Ans13. An offence punishable under Section 323 I. P. C. is compoundable, while an offence is punishable under Section 325 I. P. C. is compoundable with the permission of the Court.

Q14. What is quashing of FIR under Section 323 IPC?

Ans14. Quashing of FIR means the High Court, under its inherent powers (under Section 482 of the Code of Criminal Procedure, CrPC), can cancel an FIR if it is found to be frivolous, baseless, or without merit.

Q15. What are the cases under Sec 323 IPC?

Ans15. The section applies to cases where the act causing hurt is done voluntarily, indicating a deliberate intention to cause harm or being aware that the action is likely to cause hurt. Its scope includes acts such as striking, hitting, punching, or any other form of physical contact that leads to bodily harm.

Q16. What is the difference between 323 and 325 IPC?

Ans16. The criminal offence of ‘grievous hurt’ is way more serious than the offence of ‘hurt’. ‘Hurt’ is punishable under Section 323 only up to 1 year or a fine which may extend to one thousand rupees, or with both whereas ‘grievous hurt’ is punishable under Section 325 up to 7 years and a fine.

Q17. What is a non-cognizable offence under Section 323?

Ans17. What is the Nature of the Offence under Section 323? In terms of the nature of the offence, voluntarily causing hurt is considered a non-cognizable offence. This means that the police cannot arrest a person without a warrant if they have committed an offence under this section.

Q18. Is IPC 323 moral turpitude?

Ans18. Second 323 and 506 IPC do not constitute moral turpitude.

Q19. What evidence is required to prove 323 IPC?

Ans19. In State of Punjab v. Iqbal Singh (1991), the Supreme Court clarified that a medical opinion is not necessary to establish the offence under Section 323 I.P.C. The court emphasised that the injury can be proved through other evidence, such as eyewitness testimony and the victim’s statement.

Q20. Is 323 IPC compoundable?

Ans20. Voluntarily causing hurt being a non-cognizable offence, is bailable and compoundable at the court’s discretion. Additionally, it is triable by any Magistrate.

Q21. What is the BNS equivalent of 323 IPC?

Ans21. 323 IPC = 115 BNS

Q22. Is IPC 323 a petty case?

Ans22. Being charged with a crime, such as the one under section 323, is a serious matter. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, loss of relationships and future job prospects, among other things.

Q23. What is compromise in 323 IPC?

Ans23. FIR Quashing can be contested or via compromise. A compromise under Section 323 IPC, which deals with causing minor injuries, is when both the person who was hurt and the person who caused the injury agree to settle their dispute peacefully, without going to court.
The court checks if this agreement is fair and voluntary, and if it is, the court can close the case to save time and resources. This is allowed mostly in minor injury cases where both parties want to move on without further legal action.

Q24. What is Section 323 CrPc case law?

Ans24. If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions