Punishment for Voluntarily Causing Hurt (Section 323 of IPC)
The following offences have been held to be one of causing only simple hurt even though death occurred [Re Marana Goundan AIR 1941 Mad 560]
1) Several unarmed people beating a crop thief at night, resulting in his death. Conviction under Section 323 was held proper.
2) Stick blows on buttocks and thighs with the object of chastisement. There was no intention or apprehension of death.
3) Assault with hands and foot; deceased died. Cause of death was not known. It was held that it was an offence under Section 323.
4) A single blow with open hand was given on the neck. There was a fracture of the vertebrae and the victim died. It was held to be an offence only under Section 323.
The offence of voluntarily causing hurt is non-cognizable and summons should ordinarily issue in the first instance. It is bailable as well as compoundable and triable by any Magistrate.