Beginner's Guide to Section 323 IPC

Section 323 IPC – 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.

What is Section 323 IPC?

Section 323 of the Indian Penal Code (IPC) punishes a person who voluntarily causes hurt to someone. If a person intentionally harms another without any valid reason, they can be punished under this section.

Section 323 IPC Punishment

The law states that a person found guilty under Section 323 IPC can face:

Imprisonment of up to one year, or
Fine of up to Rs. 1,000, or
Both imprisonment and fine The punishment depends on the severity of the harm and the facts of the case.

Illustrations of Section 323 IPC

To understand this section better, let’s look at some simple examples:

Example 1 – A and B have an argument. In anger, A slaps B. Here, A has voluntarily caused hurt to B and can be punished under Section 323 IPC.
Example 2 – X pushes Y forcefully, causing Y to fall and get injured. X can be charged under Section 323 IPC.
Example 3 – A teacher beats a student harshly, leaving bruises. If reported, the teacher can be punished under this section.

Which Court Tries Offences Under Section 323 IPC?

Cases under Section 323 IPC are usually tried in the Magistrate’s Court. Since this is a minor offence, it does not go to higher courts unless there are additional serious charges.

Section 323 IPC Bailable or Not ?

Section 323 IPC is a bailable offence. This means that if a person is accused, they can get bail easily. The accused does not have to stay in custody for a long time if they apply for bail.

Is Compromise Allowed in Section 323 IPC?

Yes, compromise is allowed in cases under Section 323 IPC. The complainant (injured person) and the accused can settle the matter outside the court if they agree. However, the court must approve the settlement.

Section 323 IPC Compoundable or not ?

Yes, this offence is compoundable. This means the victim can agree to take back the complaint and end the case. But the compromise must be made before the Magistrate in charge of the case.

Section 323 IPC Case Laws

Section 323 of the Indian Penal Code (IPC) deals with the punishment for voluntarily causing hurt. Over the years, the Supreme Court of India has adjudicated several cases interpreting this provision. Below is a summary of notable cases:

Boini Mahipal & Anr. v. State of Telangana (2023):

The Supreme Court overturned the conviction under Section 323 IPC due to insufficient evidence proving the appellants assaulted the deceased. The Court emphasized the necessity of cogent and positive evidence to establish guilt.

Laxman Singh v. State of Bihar (2021):

The Court held that presenting an injury report is not a mandatory requirement to establish an offense under Section 323 IPC. The testimony of injured witnesses can be sufficient to prove the offense, even in the absence of medical evidence.

Ramesh Chandra Vaishya v. State of Uttar Pradesh and Another (2023):

The Supreme Court addressed whether criminal proceedings under Sections 323 and 504 IPC should continue against the appellant. The Court emphasized that for proceedings to proceed, there must be prima facie evidence supporting the charges. In the absence of such evidence, continuing the prosecution would be unjust.

State vs. Pankaj Kumar & Anr. (2021):

In this case, the accused were convicted under Section 323 read with Section 34 IPC and acquitted under Sections 324 and 341 IPC. The judgment highlights the importance of evaluating evidence to determine the appropriate charges and convictions under the IPC.

State vs. Santosh Kumar (2010):

The accused was tried for offences under Sections 308, 341, and 34 IPC. The court’s judgment provides insights into the application of these sections and the evidentiary requirements for conviction.

Madhushree Datta Vs State of Karnataka & another 2025:

Supreme Court Quashes Criminal Proceedings in Workplace Harassment Case (2025). The Supreme Court quashed charges under Sections 323, 504, 506, 509, and 511 IPC, ruling that civil disputes should not be transformed into criminal cases without prima facie evidence. This judgment underscores the necessity of clear evidence before initiating criminal proceedings under Section 323 IPC.

Luna Ram v. Bhupat Singh and Others (2009):

The Supreme Court convicted the accused under Sections 302, 307, and 323 read with Section 34 IPC, as well as Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. This case illustrates the concurrent application of Section 323 IPC with other serious charges.

Pirthi v. State of Haryana (1993):

The appellant was initially convicted under Section 304 Part II IPC, but the Supreme Court altered the conviction to Section 323 IPC, sentencing the appellant to seven months’ rigorous imprisonment. This judgment demonstrates the Court’s discretion in modifying convictions based on the evidence presented.

Rekha v. State of Maharashtra and Another (2002):

The trial court framed a charge under Section 323 IPC after determining that no case under Section 324 IPC was made out. The criminal proceeding continued with the examination of four witnesses, highlighting the procedural aspects of handling charges under Section 323 IPC.

Smt. Savitri vs. Anju (2012):

In this complaint case, the accused was summoned for offences under Sections 323 and 506 IPC. The case emphasizes the procedural steps in summoning and examining the accused under Section 323 IPC.

These cases highlight the Supreme Court’s approach to interpreting and applying Section 323 IPC, focusing on the necessity of clear evidence and the role of witness testimony in establishing the offense.

Conclusion

Section 323 IPC deals with minor injuries caused voluntarily. The punishment is light, and the offence is bailable. The law allows compromise and compounding, making it easier to settle disputes. However, causing hurt intentionally is still a crime and can lead to legal consequences.

Understanding this law can help you know your rights and responsibilities. If you are involved in such a case, consulting a lawyer is always a good idea.

If you have any questions regarding Section 506 IPC you can ask in the comments section below.

Read Indian Penal Code for more details.