Definition of hurt in I.P.C.

Section 319 of the Indian Penal Code defines the offence of hurt as infliction of “bodily pain, disease or infirmity.”  Section 321 of the code defines Voluntarily causing hurt, stating that “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.” Sec 323 IPC prescribes the punishment for voluntarily causing hurt, as imprisonment up to one year, or with fine up to one thousand rupees, or with both.

Nature and scope of offence under Section 323 of I.P.C.

Voluntarily causing hurt is categorized as a non-serious or less severe offence. It falls under the broader category of “offences against human body” in the I.P.C. It involves the voluntary causing of hurt to another person. The term “hurt” encompasses bodily pain, disease, or infirmity caused by direct physical contact. The act of causing hurt can include actions such as striking, hitting, pushing, or any other form of physical contact that results in bodily harm. In terms of its nature, it is considered relatively less serious compared to other sections that deal with more severe injuries or acts of violence. The section primarily addresses situations where the harm caused is not of a grave or grievous nature, but still involves physical pain or injury. While the offence is not considered as grave as offences like causing grievous hurt or using dangerous weapons, it still holds legal significance. It reflects the importance of safeguarding individuals from intentional acts that cause bodily harm, irrespective of the severity of the hurt caused.

The section applies to cases where the act causing hurt is done voluntarily, indicating a deliberate intention to cause harm or being aware that the action is likely to cause hurt. Its scope includes acts such as striking, hitting, punching, or any other form of physical contact that leads to bodily harm. The severity of the hurt caused is not a determining factor for the application of this section. Even causing simple hurt or minor injuries can fall under its purview. Furthermore, it does not require a specific degree of hurt to be proved. It is sufficient to establish the act of causing bodily pain, disease, or infirmity. The absence of grave and sudden provocation is another aspect considered while determining liability under this section. It’s important to note that it is a relatively less severe offence compared to other sections that deal with more serious injuries or acts of violence. For offences involving more grievous harm, other sections such as Section 324 (voluntarily causing hurt by dangerous weapons or means) or Section 325 (voluntarily causing grievous hurt) may be applicable.