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IPC 323

IPC Section 323 – Voluntarily Causing Hurt | Bail, FIR & Free Legal Consultation
Section 323 · Indian Penal Code

IPC Section 323 – Punishment for Voluntarily Causing Hurt

Section 323 of the Indian Penal Code punishes voluntarily causing hurt to another person — where no dangerous weapon or means is involved and the resulting injury does not amount to "grievous hurt." It is the baseline offence for minor physical altercations — a slap, a push, or a scuffle causing simple bodily pain, without a weapon or serious injury involved.

Punishment: Up to 1 year / fine ₹1,000
Cognizable: No
Bailable: Yes
Compoundable: Yes
BNS 2023 equivalent: Section 115(2)
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Quick Answer: What Does Section 323 Mean?

In simple terms, Section 323 applies once "hurt" — bodily pain, disease, or infirmity — is caused voluntarily, without a dangerous weapon and without the injury reaching the level of "grievous hurt." It is the most basic and commonly registered hurt provision, applying to everyday physical altercations, and is both bailable and compoundable, allowing for quick resolution in most cases.

Applies to voluntary hurt without a dangerous weapon or grievous injury
Even minor bodily pain can qualify — the injury need not be visible or serious
Punishable with imprisonment up to 1 year, fine up to ₹1,000, or both
Bailable and compoundable — the matter can be settled directly with the injured party

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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date.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.

Punishment Under Section 323

ImprisonmentUp to 1 year (simple or rigorous)
FineUp to ₹1,000, or imprisonment and fine both may be imposed
Nature of OffenceNon-cognizable — police cannot arrest without a warrant; a private complaint is generally required
Bailable / Non-BailableBailable — bail is a matter of right
CompoundableCompoundable by the person to whom the hurt is caused, without the court's permission
Triable ByAny Magistrate
Limitation Period1 year from the date of the offence under Section 468 CrPC

Key Ingredients / Essential Elements

1

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.

2

The act was voluntary

The accused must have intended to cause hurt, or known that the act was likely to cause hurt.

3

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.

4

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

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If You Have Been Physically Hurt

  1. Seek medical attention if needed, and obtain a medical record documenting the injury, even if minor.
  2. Since the offence is non-cognizable, file a complaint before the jurisdictional Magistrate under Section 200 CrPC (now BNSS), or first approach the police.
  3. Given the offence is compoundable, you can also resolve the matter directly with the other party.
📞 Talk to a Lawyer — Complainant Support
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If a Complaint Is Filed Against You

  1. Since the offence is bailable, bail is available as a matter of right.
  2. Given the offence is compoundable, consider resolving the matter directly and amicably where it arose from a minor altercation.
  3. Gather any evidence relevant to self-defence or the actual sequence of events.
📞 Talk to a Lawyer — Defence Support

Complaint & Process Under Section 323

STEP 1

Filing the Complaint

Since it is non-cognizable, a private complaint is generally filed before a Magistrate under Section 200 CrPC (now BNSS).

STEP 2

Magistrate's Inquiry

The Magistrate examines the complaint and any medical evidence before issuing process.

STEP 3

Bail

Being bailable, the accused is entitled to bail as a matter of right.

STEP 4

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

General Legal Principle

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.

Principle relied on: The threshold for "hurt" is deliberately low, covering bodily pain of any degree, not just visible or serious injury.
General Legal Principle

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.

Principle relied on: Genuine, sudden provocation without premeditation is treated as a mitigating circumstance in hurt cases.

Frequently Asked Questions on Section 323

What exactly does IPC Section 323 punish?+
It punishes voluntarily causing hurt, without a dangerous weapon and without a grievous injury, with imprisonment up to 1 year, fine up to ₹1,000, or both.
Is Section 323 a bailable offence?+
Yes, bail is a matter of right.
Can Section 323 cases be settled directly?+
Yes, it is compoundable by the injured party without needing the court's permission.
What is the difference between Section 323 and Section 324?+
Section 323 applies to hurt caused without a dangerous weapon; Section 324 applies where a dangerous weapon or means is used, carrying a higher punishment.
Does the injury need to be serious for Section 323 to apply?+
No, even minor bodily pain is sufficient, as long as it does not amount to "grievous hurt" as defined under Section 320.
How do I file a complaint under Section 323?+
Since it is non-cognizable, a private complaint is generally filed before a Magistrate under Section 200 CrPC (now BNSS).
Is there a time limit to file a case under Section 323?+
Yes, 1 year from the date of the offence under Section 468 CrPC.
Does self-defence apply as a defence to Section 323?+
Yes, if the act was done in the exercise of the right of private defence within the limits under Sections 96-106 IPC.
What should I do if I'm falsely accused under Section 323?+
Since the offence is bailable and compoundable, gather evidence of the actual context and consider a direct resolution or consult a lawyer if needed.
Is Section 323 still valid after the BNS came into force?+
IPC Section 323 continues for offences before 1 July 2024; after that, Section 115(2) BNS applies, with fine increased to ₹5,000.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Please verify current provisions with a qualified advocate before taking any action.
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