Section 321 IPC: Voluntarily causing hurt

Indian Penal Code, 1860

Section 321 IPC at a Glance

Section 321 IPC deals with voluntarily causing hurt. From 1 July 2024 it is replaced by Section 115(1) BNS.

Punishment

Section 321 IPC is a definition and prescribes no penalty. Punishment for voluntarily causing hurt is enacted under Section 323 IPC.

BNS Equivalent

Section 115(1) →

Section 321 IPC Bare Act Text

321. Voluntarily causing hurt

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”.

Source: Section 321, Indian Penal Code, 1860

Section 321 IPC in Simple Words

Section 321 of the Indian Penal Code (IPC) defines when a person is said voluntarily to cause hurt.

The definition requires an act done either with the intention of causing hurt or with the knowledge that hurt is likely to result, and that hurt is actually caused to a person.

It is a foundational definition; the statutory punishment for voluntarily causing hurt is provided separately under Section 323 IPC.

Ingredients of Section 321 IPC

  • The accused did an act
  • The act was done with the intention of thereby causing hurt to any person
  • Or the act was done with the knowledge that the accused was likely thereby to cause hurt to any person
  • The act did thereby cause hurt to any person

Punishment Under Section 321 IPC

Imprisonment

Section 321 IPC is a definition and prescribes no penalty. Punishment for voluntarily causing hurt is enacted under Section 323 IPC.

Fine

No fine is prescribed in this definition section.

Voluntarily causing hurt is defined as doing an act with intention or knowledge of causing hurt and thereby causing hurt. This definitional provision has no entry in the First Schedule to the CrPC; punishment is provided under Section 323 IPC.

Example of Section 321 IPC

In 2022 in Guwahati, Suresh argued with his neighbour Pranav over a parking space outside their apartment building. During the dispute, Suresh deliberately twisted the wrist of Pranav with the intention of causing him bodily pain and knowing that the act was likely to cause hurt. The twist caused Pranav sharp pain and soreness in his wrist for two days. Because Suresh did an act intending and knowing himself to be likely thereby to cause hurt, and did thereby cause hurt to Pranav, Suresh voluntarily caused hurt within the meaning of Section 321 IPC.

When Section 321 IPC Does Not Apply

  • Section 321 IPC does not apply when an attempt to injure misses the target and causes no bodily pain, disease, or infirmity to any person.
  • A person who causes physical injury through a pure accident, having neither the intention to cause hurt nor the knowledge that hurt was likely, does not voluntarily cause hurt under Section 321 IPC.
  • An act that breaks or harms only inanimate property without causing hurt to any person falls outside Section 321 IPC.

Section 321 IPC in the BNS

Section 321 IPC is now covered under Section 115(1) BNS.

Section 321 IPC is succeeded by Section 115(1) BNS. The definition of voluntarily causing hurt through intention or knowledge of likelihood is enacted as sub-section 1 of Section 115 BNS, while punishment is placed directly in sub-section 2.

View detailed comparison (IPC 321 vs BNS 115(1)) →

FAQs on Section 321 IPC

What does Section 321 IPC define?▼

Section 321 IPC defines what constitutes voluntarily causing hurt under criminal law.

What are the essential elements under Section 321 IPC?▼

The elements are doing an act, possessing the intention of causing hurt or knowledge that hurt is likely, and thereby causing hurt to any person.

What punishment is prescribed under Section 321 IPC?▼

Section 321 IPC is a definition and prescribes no punishment. Penal consequences are prescribed under Section 323 IPC.

Does Section 321 IPC require proof of intention?▼

Intention is not the sole requirement; proof of knowledge that the act was likely to cause hurt satisfies the mental element of the section.

Is an offence under Section 321 IPC bailable?▼

Section 321 IPC has no bail classification because it is a definition. Bail is determined by the penal charge, such as Section 323 IPC which is bailable.

Which court tries an offence defined under Section 321 IPC?▼

Court jurisdiction follows the penal section charged; voluntarily causing hurt under Section 323 IPC is triable by any Magistrate.

Can an offence under Section 321 IPC be compounded?▼

Compounding applies to the penal provision; under Section 320(1) CrPC, voluntarily causing hurt under Section 323 IPC is compoundable without court permission.

Where is Section 321 IPC located in the Bharatiya Nyaya Sanhita?▼

It is located in Section 115(1) BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·