April 23, 2024

The Indian Penal Code (IPC) tackles the offense of voluntarily causing hurt under section 321. It is a vital component of criminal law that defines the conditions under which someone can be punished for inflicting bodily harm to another person.  

Section 321 IPC   

  • The Indian Penal Code (IPC) addresses the crime of intentionally causing harm in Section 321.
  • According to ipc section 321, anyone can be prosecuted for intentionally hurting someone else if they carry out an act with the intent to damage another person or knowing that the victim will suffer actual physical harm as a result of their conduct.
  • As per the voluntarily causing hurt meaning, it basically says that someone is deemed to have “voluntarily causing hurt” if they knowingly perform an act with the knowledge that it will likely cause harm to another person and that harm is really inflicted.

section 321 ipc:

Voluntary harm is defined by ipc 321 as anyone who commits the following act:

  • intending to cause harm, or 
  • knowing that doing so will probably cause harm, and
  • actually, causes harm to another person.

In short, intentionally or knowingly causing harm is what is meant to be considered voluntary harm. Therefore, for an offense to be considered under this clause, one of the following elements must be fundamentally present: knowledge or intention.

voluntarily causing hurt: Essentials

This section pertains to the general punishment for intentionally causing minor harm.

In order to find someone guilty under Section 323 IPC, it must be determined whether the harm they committed was,

  • First of all, must be consensual;
  • secondly, it must not result from a serious or abrupt provocation. It is specifically stated in this provision that provision 334 IPC, which deals with intentionally causing harm because of provocation, is not applicable.

punishment for voluntarily causing hurt

In cases where Section 321’s requirements for “voluntarily causing hurt” are met, the convicted party faces the following penalties: 

  • One can be punished with a fine of up to one thousand rupees,
  • A year’s worth of simple or harsh imprisonment, or
  • Both.

penal code voluntarily causing hurt: Case Laws

  • In Shaymji v State of Rajasthan, 1992, the defendant killed his wife by beating her and throwing a stone in her head while intoxicated. The accused was found guilty by the trial court in accordance with Sections 302 and 323 of the IPC. The post-mortem report, which did not specify the cause of death, was the basis for a petition that was submitted to the Rajasthan High Court.

Additionally, it was determined through the course of the investigation and witness testimony that the dead and the accused had a friendly relationship. As a result, the accused was found guilty under Section 323 IPC and given a harsh one-year prison sentence.

  • In the 1993 case of Pirthi v State of Haryana, the accused kicked the dead in his testicles after a fight. The injured died of toxaemia after the dead were left without medical attention for two days. The Supreme Court overturned the judgment under Section 304 Part II since the accused was not the cause of the death.

Instead, the accused was found guilty under Section 323 IPC, which carried a strict seven-month prison sentence and a fine of thousands of rupees that was given to the deceased’s heirs.

The Indian Penal Code’s Section 321 is an essential clause that deals with situations in which people intentionally hurt other people. The goal of the law is to prevent people from experiencing bodily or emotional pain by making those who violate it responsible for their actions. In order to promote a safer society where acts of violence are prohibited and suitably punished, people must be aware of their rights and the legal ramifications of intentionally causing harm to others.

Section 321 IPC FAQs  

  1. What is the punishment for voluntarily causing hurt?          

Anyone who intentionally causes harm, with the exception of situations covered by section 334, faces a maximum sentence of one year in prison of any kind, a fine of up to one thousand rupees, or both.

  • What is the difference between simple hurt and grievous hurt?

According to Section 319, simple hurt is defined as any behaviour that results in another person suffering from physical harm, pain, illness, or incapacity. Grievous hurt is defined in Section 320 as less than culpable homicide and as more than a little harm as described in Section 95 of the IPC.

  • Is voluntarily causing hurt cognizable?

Voluntary hurt is categorized as a non-cognizable offense, meaning that an arrest warrant is required before the accused can be taken into custody. Since it is seen as a bailable offense, getting bail is simple for the accused.

  • What are the essentials of voluntarily causing grievous hurt?

Anyone who intentionally causes harm, knowing full well that they will certainly inflict terrible harm, and who does so voluntarily is said to be “voluntarily to cause grievous hurt.”

  • What is the exception to grievous hurt?

According to Section 335, the accused must intentionally cause great harm following a severe and unexpected provocation, with the intention of just injuring the one who provoked them.

  • What is IPC 321?

Someone is said to be “voluntarily causing hurt” when they perform an act knowing that it will likely cause harm to someone else or with the aim of doing so, and they actually do cause harm to someone else.

  • Under which circumstances hurt become grievous hurt?

A person is considered to have caused grievous hurt if they injure another person’s ear or both of their ears, leaving the victim permanently deaf. When someone takes away another person’s membership or joint, it causes them great distress.

  • Is IPC 321 bailable?

A FIR, Application under Section 156(3), or Private Complaint under Section 200 of the CrPC, 1973, may be preferred, subject to the requirements of Section 197 of the CrPC, 1973, if the accused is a Public Servant. The Magistrate of the First Class has the authority to cognize, set bail, and hold a trial for the offense.

  • What are the ingredients of 321 IPC?
  • With the intent to harm someone else in the process, or
  • Knowing that he is likely to harm someone else in the process.
  1.  What is the IPC 321 323?

A person who violates section 321 of the IPC and commits the offence of intentionally causing harm faces a maximum sentence of one year in prison and a fine of up to Rs. 1000. The severity of the offense will determine how much punishment is meted out under this clause.

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