BACK TO SECTIONSAIR 1956 SC 460
BailableCognizable: Non-CognizableAny Magistrate
THE STATUTE
Original Text
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.
Simplified
Section 323 is one of India's most frequently invoked IPC provisions — covering the vast majority of physical altercations from domestic disputes to road rage. Its non-cognizable status (police need a Magistrate's warrant) is its most practically significant feature, acting as a procedural filter against immediate police escalation of minor fights. Section 323 is compoundable — parties can settle with court permission. Routinely charged with Section 34 (common intention) in multi-person assault cases. The Domestic Violence Act 2005 provides a better framework for domestic abuse victims who would otherwise rely solely on Section 323's non-cognizable pathway.
Legal Evolution
Section 323 prescribes punishment for voluntarily causing hurt (as defined in Section 319) without any of the aggravating circumstances that attract higher punishment under later provisions. The one-year maximum and ₹1,000 fine reflect the relatively minor nature of simple hurt without weapons or other aggravation. It remains one of the most commonly charged offences in Indian criminal courts, applied to ordinary fights, domestic altercations, and minor assaults.
Landmark Precedents
Gurucharan Singh v. State of Punjab (1956)
RELEVANCE
Voluntarily causing hurt under Section 323 requires intent or knowledge to cause hurt — accidental injury during a lawful act does not constitute the offence.
Practical Scenarios
"A person punched in a verbal argument resulting in bruising but no fracture — Section 323."
"A road rage incident where one driver shoves another — Section 323."
Common Queries
Not without a Magistrate's warrant — Section 323 is Non-Cognizable. If a weapon was used (Section 324), the offence becomes Cognizable and police can arrest without a warrant.
Yes — parties can settle with court permission, making it amenable to compromise in neighbourhood and family disputes.