IPC 323 in English। What is Section 323?। Punishment, bail। with example

IPC 323 in English:- Friends, in today’s time it is seen that people fight with each other on small things and hurt the other person. In today’s time, slapping someone has become a common thing, people deliberately fight with someone forcefully and hurt him. In such a situation, if someone else intentionally hurts you, then you can take legal action against him. Many people, in order to become powerful, deliberately an innocent person and leave after hurting him.

But let us tell you that this is considered a crime under IPC 323. Any person can take legal action on such incidents. In such a situation, if you also want to know about this section, then this article is only for you. In this article we have also explained in detail about the punishment and bail under this section. You are requested to read the article given below completely.

As per section 323 of IPC (Indian Penal Code) :-

Punishment for voluntarily causing hurt.:- “Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.”

The definition given above is given in legal language, perhaps you may be facing difficulty in understanding it. Therefore, I try to explain it using simple language.

IPC 323 in English – What is Section 323? And when does it happen?

This section is imposed for simple assault. Like someone slapped or pushed someone. Meaning, a simple assault was committed in which no one was seriously injured. When one party slaps or pushes the other party, but no one gets seriously injured, then IPC Section 323 is invoked. This is for a simple assault.

Example-

Let us assume that Rohan was buying goods from a shop. Then Sohan came there and started fighting with Rohan. Because Rohan and Sohan were irritated with each other. Someone misled Sohan that Rohan was talking nonsense to you. That’s why Sohan got angry. And as soon as he came with Rohan, he started fighting. Rohan suffered minor injuries in this fight. Rohan files a complaint at the police station. Due to which a case is registered against Sohan under this section.

What is the procedure in IPC 323 case?

• Filing a First Information Report (FIR): First, the victim has to go to the nearest police station and apply there to register a case report under IPC Section 323.
• Provide evidence: The victim must present to the police all evidence he or she has of the assault, which may include medical reports, interviews of witnesses, and other interviews.
• Investigation: The police will investigate all the evidence given by the victim and interrogate the witnesses. If the incident is found to be true then the police will take further action, otherwise the FIR will be closed here.
• Charge-sheet: When the police investigation is completed and the incident is found to be true, then the police prepare a charge-sheet and present it in the court.
• Hearing: When the charge-sheet prepared by the police is presented in the court, the hearing of the case starts. In the hearing of the case, first there is the statement of the plaintiff (victim) side and the testimony of the witnesses, then there is the statement of the accused side and the testimony of the witnesses. It is not necessary for the accused party to present his testimony or witnesses in the court.
• Verdict: After hearing the arguments of both the parties, the court gives its verdict on the evidence and testimony of witnesses. The judge writes everything in the judgment, such as whether the plaintiff (victim) party has been able to prove the allegations against the accused person or not. If the plaintiff (victim) proves it in the court, then the accused person is punished or fined by the court.
• Appeal: If either party (plaintiff and accused) does not agree with the court’s decision, then that party can appeal to the High Court.

Punishment in IPC 323 –

If an FIR is lodged under IPC Section 323, then the punishment is up to one year. This means that there can be a jail term of up to one year, or a fine, or both. One year jail along with fine also depends on the court.

Crime:- To quarrel willingly.

Punishment:- Imprisonment or fine up to one year, or both

Cognizable:- It is a non-cognizable offence.

Bail:- This is a bailable offence.

Considerable:- Any magistrate.

Bail in IPC 323 –

This is a bailable offence. This means that bail is granted in the police station itself. Some crimes are like this. Those who are non-bailable, and their bail is not granted in the police station. For his bail, a bail application has to be filed in the court. But IPC Section 323 is bail of offence. In this, bail is easily obtained at the police station.

How should an accused person defend himself in IPC 323?

If a case under Section 323 has been registered against a person and that person has to defend himself, then read the steps given below carefully.

1. Get legal advice: The accused should first ascertain how much legal knowledge they have. If he is finding it difficult to understand the case, he should seek advice from a good lawyer and hire a lawyer for himself.
2. Collect Evidence: The accused person should try to collect all the evidence that can be helpful in his defense. This may include medical reports, interviews of witnesses, or any other relevant documents.
3. Try to compromise: If the accused person feels that the matter can be settled through compromise, then he should try in this direction. Compromise can resolve disputes and avoid extremely lengthy judicial processes.
4. Follow the legal rights: The accused must follow the legal rights properly. This can make them helpful in the court process and keep them safe from judicial perspective.
5. Preparing witnesses to interview: If a witness is available, they should be prepared for the interview.