What is IPC Section 323?
IPC Section 323 punishes voluntarily causing hurt to another person, where "hurt" is defined in Section 319 as causing bodily pain, disease, or infirmity, and no dangerous weapon or means (covered instead by Section 324) or grievous injury (covered by Section 325/326) is involved. It is the most frequently registered offence involving physical altercations — everyday scuffles, minor assaults during arguments, and domestic or workplace disputes involving physical contact causing pain but no serious injury.
Section 323 sits within Chapter XVI of the IPC ("Of Offences Affecting the Human Body"), under the sub-head "Of Hurt." It is the base provision in a graded scheme running from simple hurt (Section 323), to hurt by dangerous weapons (Section 324), to grievous hurt (Section 325), and grievous hurt by dangerous weapons (Section 326).
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 323 IPC now corresponds to Section 115(2) of the BNS, with the same maximum imprisonment but an increased maximum fine of ₹5,000 (up from ₹1,000). FIRs registered before 1 July 2024 continue to be tried under IPC 323; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 323 IPC
The exception referenced (Section 334) applies where hurt is caused on grave and sudden provocation, without premeditation, carrying a lighter punishment of up to 1 month or a fine up to ₹500.
Punishment Under Section 323
| Imprisonment | Up to 1 year (simple or rigorous) |
|---|---|
| Fine | Up to ₹1,000, or imprisonment and fine both may be imposed |
| Nature of Offence | Non-cognizable — police cannot arrest without a warrant; a private complaint is generally required |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Compoundable by the person to whom the hurt is caused, without the court's permission |
| Triable By | Any Magistrate |
| Limitation Period | 1 year from the date of the offence under Section 468 CrPC |
Key Ingredients / Essential Elements
Hurt was caused
The accused's act must have caused bodily pain, disease, or infirmity, as defined under Section 319 — the injury need not be serious or visible.
The act was voluntary
The accused must have intended to cause hurt, or known that the act was likely to cause hurt.
No dangerous weapon or means was used
If a dangerous weapon or means (as listed in Section 324) is used, the case falls under that provision instead.
The injury does not amount to "grievous hurt"
If the injury meets one of the eight categories listed in Section 320, the more serious Section 325/326 applies instead.
What Should You Do — For Complainants and For the Accused
If You Have Been Physically Hurt
- Seek medical attention if needed, and obtain a medical record documenting the injury, even if minor.
- Since the offence is non-cognizable, file a complaint before the jurisdictional Magistrate under Section 200 CrPC (now BNSS), or first approach the police.
- Given the offence is compoundable, you can also resolve the matter directly with the other party.
If a Complaint Is Filed Against You
- Since the offence is bailable, bail is available as a matter of right.
- Given the offence is compoundable, consider resolving the matter directly and amicably where it arose from a minor altercation.
- Gather any evidence relevant to self-defence or the actual sequence of events.
Complaint & Process Under Section 323
Filing the Complaint
Since it is non-cognizable, a private complaint is generally filed before a Magistrate under Section 200 CrPC (now BNSS).
Magistrate's Inquiry
The Magistrate examines the complaint and any medical evidence before issuing process.
Bail
Being bailable, the accused is entitled to bail as a matter of right.
Compounding / Trial
The matter can be compounded directly by the injured party at any stage, or proceed to trial if not settled.
Important / Landmark Cases on Section 323
Minor Injury Does Not Preclude Conviction
Courts have held that even a minor or fleeting injury causing bodily pain is sufficient to constitute "hurt" under Section 319, and thus attract Section 323, without any requirement that the injury be visible or lasting.
Sudden Provocation as a Mitigating Exception
Where hurt is caused on grave and sudden provocation, without premeditation, and the accused did not intend to cause more harm than necessary, the exception under Section 334 applies, resulting in a considerably lighter punishment than the standard Section 323 offence.