voluntarily causing hurt

5 In common law crime which is committed by an individual. SECTION 321 Defines the offence of voluntarily causing hurt.

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If a person is convicted for voluntarily causing hurt he may be sentenced up to 3 years imprisonment andor a fine up to 5000.

. 4 He should not intend to cause hurt to any person other than the person who provoked. Consequences for voluntarily causing hurt. The words used in both the Sections are similar but the effect intended or known in each.

Voluntarily causing hurt to a Maximum 3 years andor public servant in the exercise of fine their duty or with intention to prevent a person from discharging such duty or in consequence of acts done in lawfully discharge such duty s 332 Maximum 5. To determine the extent of the punishment to be meted the court is guided by a sentencing framework that consists of 3 main sentencing categories. The Division Bench of SS.

According to Section 321 of the Indian Penal Code Whoever does any act with the intention of thereby causing hurt to any person or with the knowledge that he is likely thereby to cause hurt to any person and does thereby cause hurt to any person is said voluntarily to cause hurt. If intention or knowledge is absent then it will not amount to voluntarily causing hurt. To draw a distinction this is as opposed to more serious instances of violence such as Section 324 where weapons are used Section 325.

Hurt may also include some quite severe beatings that fall short that will lead to grievous hurt. For instance where A slaps B and B suffers tenderness to his cheek A is likely to be liable under Section 323. Section 323 covers cases where only minor hurt is caused.

Up to 2 years imprisonment or with fine up to 5000 or both. Section 324 of the Penal Code. Whoever except in the case provided for by section 334 voluntarily causes hurt by means of any instrument for shooting stabbing or cutting or any instrument which used as a weapon of offence is likely to cause death or by means of fire or any heated substance or by means of any poison or any corrosive substance or by means of any explosive substance or by means of any.

1 The offender should voluntarily cause hurt or grievous hurt. 5 Or he should not have knowledge that his act is likely to cause hurt or grievous hurt to any person other than the person who provoked. Section 321 IPC Indian Penal Code.

The definition of the offence of voluntary hurt given in Section 321 is but an echo of the definition of culpable homicide as given in Section 299. In conclusion the offence of voluntarily causing hurt is non-fatal offence and need to be discussed before considering criminal force assaults and voluntarily causing grievous hurt. Punishment for voluntarily causing hurt.

Up to 10 years imprisonment or with fine or with caning or with any combination of such punishments. Whoever does any act with the intention of thereby causing hurt to any person or with the knowledge that he is likely thereby to cause hurt to any person and does thereby cause hurt to any person is. 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.

Voluntarily causing grievous hurt. Section 335 serves as a proviso to Sections 325 and 326. Bombay High Court.

An appeal was preferred by the State on being aggrieved by the decision passed by JMFC thereby acquitting accuseds 1 to 3 for the offences punishable under Sections 326 504 read with 34 of the Penal. A person charged with an offence of voluntarily causing hurt or grievous hurt will be. Borkar JJ upheld the decision of the Trial Court in a case of causing grievous injury voluntarily.

The hurt caused under section 332 is the same as that discussed in section 319 of the IPC 1860. Section 321 defines voluntarily causing hurt as Whoever does any act with the intention of thereby causing hurt to any person or with the knowledge that he is likely thereby to cause hurt to any person and does thereby cause hurt to any person is said voluntarily to cause hurt. Voluntarily causing hurtWhoever does any act with the intention of thereby causing hurt to any person or with the knowledge that he is likely thereby to cause hurt to any person and does thereby cause hurt to any person is said voluntarily to cause hurt.

As per section 319 IPC to constitute. According to the section anyone who causes voluntary damage or harm to a public servant while performing his duty with the intent of preventing the public servant from performing his duty shall be punished. Voluntarily causing hurt.

PunishmentImprisonment for 1 year or. Section 323 In Context.

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