INDIAN PENAL CODE-323

 

Did you ever think that slapping someone or physically harming anyone intentionally 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 .Let us understand this code.

What is IPC 323?
"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 crime,both accused and defendant indulge voluntarily .Here the accused must get hurt physically.It comes under chapter XVI of Indian Penal Code of 1860.It is legislated by parliament of India.           It is non -cogzinable.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.



A CASE STUDY

Let us understand IPC 323 by an 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 neighbour,the witness named in the complain petition appeared and saved him and hence ,the case.
The court judgement is passed saying "This court finds the accused person,Mr Barua's colleague guilty,as the witness saw him hitting intentionally."So the accused person is taken into jail under IPC 323.

How to get Bail in a 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. 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.

Need of a lawyer

If you get notice from the court in which it mentions that a non bailable offence 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.

Trial procedure

After the commission of a crime by an accused ,First Information Report(FIR)is registered in police station by police after receiving correct information by the people around the place where 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 offence ,the matter can be settled or resolved easily.

After the case 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 witness is 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 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  witness.

Then the final judgement is passed by the Chief Justice of the court .

Conclusion

It is very important to know about the laws so that before committing any crime, we must give a thought about the consequences we will face.Intentional harm physically is not allowed under IPC 323.It protects an individual privacy. If you see any kind of physical violence,as a responsible citizen, it's also your responsibility to make them aware about this code , so that the next time other people will not even think to give anyone bodily harm.




Written by Shahnail