Friends, in this article today, we will tell you what is IPC Section 323 (IPC 323 Full Information) and I will also tell you how Section 323 of IPC punishment and bail is will give information about many more, so read this article carefully.
Did you ever think that slapping someone or physically harming someone intentionally can have repercussions legally? Yes, you heard it right.
Any type of intentional harm to an individual physically by you can get you into jail and can ruin your life. IPC 323 talks about this. So, to understand this code, read this article till the end.
Friends, therefore all of us should study so that we all know about the law, what is IPC Section 323. Let us try to understand this, I hope you can understand IPC Section 323 in English, the complete information is given below.
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.
In simple words, we can say that if there is any type of bodily harm of an individual because of you, provided not necessarily during committing a crime, both accused and complainant indulge voluntarily. Here the accused must get hurt physically.
It comes under chapter XVI of the Indian Penal Code of 1860. It is legislated by the parliament of India. It is non – combinable. It means police cannot arrest the accused without any warrant.
The mode of physical hurt can be different. It can be harming someone by means of sharp objects like stabbing etc. Next is by spreading disease intentionally. A communication of ailment or disease from one individual to another through the way of touch would constitute hurt.
It can be beating, slapping, kicking someone. The sufferer should have scars, spots, etc., on the body because of the murderer for the evidence, otherwise, the FIR may not be lodged under IPC-323, irrespective of the statement of the witness.
The need of IPC Section 323
Physical hurt through our own actions can somewhat be tolerable but others causing the bodily pain is not at all bearable. It is in the sense that the person gets affected emotionally also. It raises questions about one’s liberty. Here Right to liberty is not exercised.
People do not feel safe and secure. Anyone can threaten to cause grievous bodily harm. So, here IPC-323 holds importance. By this code, husband-wife fighting, child torture, etc.
can be controlled, and hence can get a status of a free individual which is an important factor for the development of India.
Example: On 05.07.2016, Mr. Barua was returning from the North Lakhimpur Town towards his house at about 2:30 PM.His colleague, with whom he was not on good terms,
Wrongfully restrained him and uttered obscene words against him and threatened him and by taking a bamboo which was falling on the side of the road attacked Mr. Barua and that time his neighbor, the witness named in the complaint petition appeared and saved him and hence, the case.
The court judgment is passed saying “This court finds the accused person, Mr. Barua’s colleague guilty, as the witness saw him hitting intentionally. The court orders him one-month imprisonment” So the accused person is taken into jail under IPC 323.
How to Get Bail in an IPC Section 323 Case?
IPC 323 is bailable. In order to apply for bail when accused under Section 323 of the IPC, the accused will have to submit an application for bail in the court for a given period of time.
The court will then send the summons to the other party and will fix a date for the hearing. On the date of hearing, the court will hear arguments from both sides and would give a decision based on the facts and circumstances of the case. Not necessarily, the accused will get bail.
The Need For a Lawyer
If you get a notice from the court in which it mentions that a non-bailable offense is committed by you, in this case, you must hire a lawyer before you get arrested. The police can immediately come to arrest after the notice was sent to you.
So in this case, hire a lawyer and talk about the case and ask about the legal remedies available for you, that is, should you first go for bail against the notice or not.
It is extremely important to consult an experienced criminal advocate before responding to any criminal prosecution. At the very minimum, you can definitely take the help of a skilled attorney.
After the commission of a crime by an accused, First Information Report(FIR)is registered in the police station by police after receiving correct information from the people around the place where the crime was committed.
The accusations put on by the complainant can be resolved by the police if it is a minor case, otherwise, the case is sent to the court. Especially in a bailable offense, the matter can be settled or resolved easily.
After the case is handed over to the court, the court orders police to investigate the case carefully. The time duration for investigating the case depends on the nature of the case. It can take months to get the full information about the case. Here the writings of the witness are also taken. Then the court frames charges.
The accused is given one chance for pleading guilty. Next, it depends on the court to decide whether the pleading was genuine or not. The judges act accordingly.
Then the court orders the complainant to prove the accused guilty by providing evidence. The complainant is required to support evidence with statements from his witnesses. The witness should also be present at the court. Accused is also given a chance to defend his case without witnesses.
Then the final judgment is passed by the Chief Justice of the court. The duration of imprisonment depends on the nature of the case.
As a citizen of India, it is very important to know about the Indian laws so that before committing any crime, we will give a thought about the consequences we will face. Intentional harm physically is not allowed under IPC 323.
It protects individual privacy. The right to liberty is also exercised. If you see any kind of physical violence anywhere, as a responsible citizen, it’s also your responsibility to make them aware of this code, so that next time other people would not even think to give anyone bodily harm.
Friends, I hope that you have got complete information about what is IPC section 323 and how to get punishment and bail-in IPC section 323 and if you liked this article then definitely share it with your friends.
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