2 yrs ago
Author: EADigestCategory : Criminal law
With all the progress we have made as a nation, there is also an alarming number of crimes happening around us today. Women and children are more prone to such crimes, and hence it is essential to be aware of the offenses which are termed as voluntarily causing hurt to someone and the punishment prescribed for it in the Indian Penal Code, 1860.
What is termed as Hurt as per section 319 of the IPC?
Sec 319 of the Indian Penal Code explains that whoever causes bodily pain, disease or infirmity to any person is said to cause hurt to that person. The bodily pain signifies physical pain only sans any mental pain. While the section talks about the bodily pain, the degree of such pain is an immaterial factor.
The disease contracted by contact and infirmity leading to the damage in the functioning of any organ is also termed as hurt.
Voluntarily Causing Hurt
Section 321 of IPC dictates that whoever does any act with the intention of causing hurt to any person or with the knowledge that it may likely cause that person hurt and thus causes hurt to that person is said to have voluntarily cause hurt.
It is important to note that to term it as voluntarily causing hurt the person;
- Needs to have the intention of causing hurt; or
- Needs to know that his actions will cause hurt to the other person
Punishment for voluntarily causing hurt
Section 323 IPC deals with the punishment for voluntarily causing hurt and states that whoever voluntarily causes hurt shall be punished with imprisonment ranging up to 1 year or a fine up to INR 1000 or both. However, a stipulation of Section 334 is exempted from this which is related to voluntarily causing hurt on provocation. It leads to establishing essentials to prove voluntarily causing hurt to be
- There was no sudden or grave provocation
- The offender had the intention of causing hurt; or
- The offender had knowledge that his action will cause hurt to the other person
- The offender caused bodily hurt
Voluntarily causing hurt by dangerous weapons
Section 324 of the Indian Penal Code, further clarifies the repercussions of voluntarily causing hurt using instruments such as shooting, stabbing, or cutting or any tool which is likely to cause death are much severe. This also includes fire, heated substance, poison, explosive substance, or any substance which is delirious to the human body in the form of consumption. Such offenses are punishable with a term of up to 3 years with or without fine or both.
Voluntarily causing hurt to extort property or to constrain to an illegal act
Section 327 IPC deals with the offense of voluntarily causing hurt with the objective to extort the property from the victim or any person interested in the victim are termed as voluntarily causing hurt to extort property. This also includes constraining the victim or any person interested in the victim to make them do anything illegal directly related to the commission of the offense. This is a grave offense and is punishable by a fine and imprisonment of up to 10 years.
Voluntarily causing hurt to extort confession or to compel restoration of property or security
Voluntarily causing hurt is further classified in Section 330 of the Indian Penal Code for the means of extorting confession from someone or any person interested in the victim or for the purpose of constraining the victim or any person interested in the victim for restoration of the property is an offense which is punishable with a jail term of up to 7 years which shall be combined with fine.
Voluntarily causing hurt to deter public servant from his duty
Section 332 of IPC states that whoever voluntarily causes hurt to a public servant in discharge of his duty or causes hurt with the intention of deterring him from discharging his duty is punishable with a term of up to 3 years with or without fine.
Voluntarily causing hurt on provocation
Section 334 of the Indian Penal Code, 1860 states that whoever causes hurt on sudden and grave provocation and such person was neither had the intention nor had the knowledge that he is likely to cause hurt to any person other than the one who gave provocation shall be punished with a term which may extend up to one month which may or may not be combined with a fine up to INR500.
Voluntarily causing hurt in committing robbery
Robbery is considered a serious crime and hence Section 394 IPC deals with the cases where the voluntary hurt was caused while attempting or during the robbery. The offender or any person jointly responsible for such robbery is punishable with either imprisonment for life or rigorous imprisonment extending up to ten years which shall also be coupled with fine.
We hope this article clarifies all the provisions and classification related to voluntarily causing hurt as per the Indian Penal Code. For all such regular legal updates, sign up to EasyAdvocacy today. Do like us on Facebook and follow us on Twitter, LinkedIn and Google+ to keep yourself legally updated.
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