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”.
IPC Section 321: Simplified Explanation
IPC Section 321 of the Indian Penal Code defines “voluntarily causing hurt.” This section specifies that any person who does an act with the intent or knowledge that such act is likely to cause hurt to any person and thereby causes hurt to any person is said to have voluntarily caused hurt. This definition forms the basis for understanding and prosecuting cases where physical harm is inflicted intentionally or knowingly.
Key elements of this section include:
- Intent or Knowledge: The person must know that their actions will likely cause hurt.
- Act of Causing Hurt: The person’s actions must result in bodily pain, disease, or infirmity to another person.
Is IPC Section 321 Bailable?
Since IPC Section 321 is a definitional section and not a penal provision, the bailability depends on the charge under which the accused is prosecuted. Generally, cases involving the voluntary causing of simple hurt, such as those under IPC Section 323, are bailable offences.
IPC Section 321 Punishment
Section 321 itself does not prescribe a punishment but serves as a basis for other sections that do. For instance:
- Under IPC Section 323 (voluntarily causing hurt), the Punishment is imprisonment for up to one year. This fine may extend to one thousand rupees or both.
Example of IPC Section 321
A real-life example involving the voluntary causing of hurt under IPC Section 321 occurred in a local sports event where one participant punched another during a heated argument, causing a black eye and minor facial bruising. The attacker was charged under IPC Section 323 for voluntarily causing hurt, based on the definition provided in Section 321. The court considered the intent and the resulting injury, and the accused was penalized accordingly. This case demonstrated the application of the law in scenarios where physical altercations lead to intentional or knowing infliction of pain.
