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.

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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.


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