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Section 323 of IPC-Dhara 323-Punishment for voluntarily causing hurt

Section 323 of IPC-Dhara 323-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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compounded by the person to whom the hurt is caused.

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Essential ingredients of an offence

If hurt actually caused is simple, a person cannot be held guilty of voluntarily causing grievous hurt even if it was in his contemplation.

If he intended, or knew himself to be likely to cause only simple hurt, he cannot be convicted for the offence under section 325 even if the resultant hurt was grievous. In other words, to constitute the offence of voluntarily causing hurt, these must be complete correspondence between the result and the intention or the knowledge of the accused; Ramkaran Mohton v. State, AIR 1958 Pat 452.

1 comment :

  1. Is govt job is liable or not under this section 323

    ReplyDelete