In the vast and intricate landscape of Indian law, the Indian Penal Code (IPC) stands as the primary framework for criminal regulations. One provision that frequently draws public attention is IPC Section 323—commonly referred to in Hindi legal vernacular as “आईपीसी धारा 323” (IPC Dhara 323). This section directly concerns itself with the offense of voluntarily causing hurt, and its implications extend across everyday disputes, neighborhood altercations, and a broad range of criminal cases.
As India’s legal system strives to balance personal safety with accessible justice, understanding the nuances of IPC 323, its punishment, and procedural aspects like bail—particularly for Hindi-speaking users—becomes essential. The following analysis deciphers Section 323, its statutory language, relevant examples, and the all-important questions around punishment (सजा) and bail eligibility (जमानत).
Section 323 of the Indian Penal Code reads: “Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished…” In simpler terms, IPC 323 criminalizes any intentional act resulting in physical pain, disease, or infirmity to another person, excluding those exceptions dealing with grave and sudden provocation.
To establish an offense under IPC 323, three main components must be proven:
In the Hindi context, “स्वेच्छा से चोट पहुँचाना” (voluntarily causing hurt) underlines that mere accident or without intent does not fall under this section.
Legal practitioners and laypeople often confuse IPC 323 with its more severe counterpart, IPC 325 (grievous hurt). An injury under 323 is generally less serious; for instance, a slap or minor scuffle may be booked under this section, whereas fractured bones or loss of senses may escalate the matter.
Section 323 prescribes the following punishment for “voluntarily causing hurt”:
The actual sentence depends on the case’s specifics: severity of injury, motive, and circumstances. In practice, magistrates often award fines or short sentences in first-time or minor scuffle cases.
While the statute sets the maximum penalty, in real-world courts, the actual sentence is seldom the maximum. Reports indicate that in urban centers, especially when both parties reach an understanding, courts may prefer admonition or impose a fine. However, repeat offenders or assaults involving clear premeditation witness stricter application.
“The objective of punishment under IPC 323 is primarily deterrence and reconciliation; the law recognizes that most such injuries occur in the heat of the moment and provides scope for amicable resolution,” says retired Sessions Judge R.P. Singh.
Whether a criminal offense is bailable often makes the difference between immediate freedom or prolonged custody. IPC 323 is classified as a bailable and cognizable offense. This means:
In Hindi legal parlance, “धारा 323 जमानती है या नहीं” (Is Section 323 bailable or not?) is a frequent inquiry, especially after neighborhood disputes or minor altercations. The answer remains: Yes, it is bailable.
Beyond pure legal text, Section 323 finds application in everyday scenarios:
Notably, a significant share of India’s criminal court dockets—especially at the lower magistrate level—deal with cases under IPC 323, reflecting the section’s relevance to common life.
Consider a situation in Agra where two neighbors argue over land boundaries, and a minor physical altercation ensues. One neighbor files a complaint, leading to an FIR under IPC 323. In such instances, police typically arrest the accused, but bail is granted the same day, and the matter often concludes with a fine or settlement.
Once a complaint is filed alleging hurt under IPC 323:
Indian courts actively promote settlement for petty hurt cases, recognizing that restoring social harmony outweighs prolonged litigation. As a result, many cases booked under IPC 323 are resolved outside the formal trial process.
Yes, IPC 323 is a bailable offense, allowing the accused to secure bail from the police or court, typically without protracted detention.
The maximum punishment for IPC 323 is one year of imprisonment, or a fine up to ₹1,000, or both. However, the actual sentence depends on the gravity of the offense and the circumstances of the case.
Yes, IPC 323 is a cognizable offense, so police have the authority to arrest an accused without a warrant and conduct a preliminary investigation post-FIR.
Yes, offenses under Section 323 are compoundable, meaning the victim and accused can mutually settle the dispute and seek withdrawal of prosecution, with the court’s permission.
IPC 323 is frequently invoked in cases involving minor scuffles and physical altercations arising out of family disputes, neighborhood clashes, or minor assaults in public spaces.
IPC 323 addresses relatively minor physical injuries without weapons, whereas IPC 324 involves hurt with dangerous weapons, and IPC 325 concerns grievous hurt with more severe consequences or injuries.
IPC Section 323 (“आईपीसी धारा 323”) is tailored to penalize minor, intentional physical harm, striking a balance between deterrence and reconciliation. Its bailable and compoundable nature ensures that minor disputes usually resolve quickly, with the justice system prioritizing social peace over retributive punishment. Those navigating the Indian legal terrain—particularly in Hindi-speaking regions—should recognize the accessibility of bail and the strong preference for settlement in such cases. Understanding both the process and rights under IPC 323 empowers individuals to better manage legal challenges and societal disputes.
IPC 323 is referred to as “आईपीसी धारा 323”, which deals with cases of voluntarily causing hurt, or “स्वेच्छा से चोट पहुँचाना”, in legal Hindi terminology.
No, jail time is not mandatory. Courts may impose a fine, imprisonment, or both, depending on the case, but in many instances, only a fine is awarded.
Yes, since IPC 323 is compoundable, the parties involved can settle the dispute amongst themselves and formally close the matter with court approval.
Bail is generally granted immediately after arrest or on appearing before the court, reflecting the bailable nature of the offense.
The strictest punishment for IPC 323 is imprisonment up to one year, or a fine up to ₹1,000, or both.
No, IPC 323 requires proof of intention or knowledge in causing hurt; accidental or unintentional injuries do not fall under this section.
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