Section 323 IPC: Punishment for voluntarily causing hurt

Indian Penal Code, 1860

Section 323 IPC at a Glance

Section 323 IPC deals with punishment for voluntarily causing hurt. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 115(2) BNS.

Punishment

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.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 115(2) →

Section 323 IPC Bare Act Text

323. Punishment for voluntarily causing hurt

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.

Source: Section 323, Indian Penal Code, 1860

Section 323 IPC in Simple Words

Section 323 of the Indian Penal Code (IPC) punishes voluntarily causing hurt, except where the act is committed on grave and sudden provocation under Section 334 IPC.

The prescribed punishment is imprisonment of either description for a term which may extend to one year, or fine which may extend to one thousand rupees, or both.

The offence is non-cognizable and bailable, triable by any Magistrate, and compoundable without the permission of the court under Section 320(1) CrPC.

Ingredients of Section 323 IPC

  • The accused voluntarily caused hurt, that is bodily pain, disease or infirmity, to a person
  • The accused intended to cause hurt or knew that hurt was likely to be caused
  • The case is not one provided for by Section 334 IPC, which covers hurt caused on grave and sudden provocation

Punishment Under Section 323 IPC

Imprisonment

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.

Fine

Fine which may extend to one thousand rupees, either alone or together with imprisonment.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

Voluntarily causing hurt under Section 323 IPC is punishable with imprisonment of either description up to one year, or fine up to one thousand rupees, or both. The offence is non-cognizable, bailable, triable by any Magistrate, and compoundable without court permission under Section 320(1) CrPC.

Example of Section 323 IPC

In 2023 in Mysuru, Ajay got into a dispute with Karthik over a place in the queue outside a cinema hall. Without receiving any grave and sudden provocation from Karthik, Ajay deliberately kicked Karthik on the shin with the intention of causing him bodily pain. The kick caused Karthik immediate pain and a minor bruise on his leg, without fracturing any bone or causing any grievous hurt. Because Ajay voluntarily caused hurt to Karthik in a case not covered by Section 334 IPC, Ajay is punishable under Section 323 IPC.

When Section 323 IPC Does Not Apply

  • Section 323 IPC does not apply when the hurt was caused on grave and sudden provocation, as that situation is expressly excepted and governed by Section 334 IPC.
  • The section is inapplicable where the injury was accidental and the person neither intended to cause hurt nor knew that hurt was likely to be caused.
  • If the offender voluntarily caused grievous hurt rather than simple hurt, the offence falls under Section 325 IPC instead of Section 323 IPC.
  • No offence is committed under Section 323 IPC when no bodily pain, disease, or infirmity was actually caused to any person.

Section 323 IPC in the BNS

Section 323 IPC is now covered under Section 115(2) BNS.

Section 323 IPC is replaced by Section 115(2) BNS. In the Bharatiya Nyaya Sanhita, definition and punishment are consolidated under Section 115(2) BNS, where sub-section 1 defines voluntarily causing hurt and sub-section 2 prescribes the penalty. The maximum term of imprisonment remains one year, but the maximum fine is increased from one thousand rupees under the IPC to ten thousand rupees under Section 115(2) BNS. The cross-reference to provocation refers to Section 122(1) BNS instead of Section 334 IPC.

View detailed comparison (IPC 323 vs BNS 115(2)) →

FAQs on Section 323 IPC

What offence is punished under Section 323 IPC?▼

Section 323 IPC punishes voluntarily causing hurt with imprisonment of either description for up to one year, or fine up to one thousand rupees, or both.

Is an offence under Section 323 IPC cognizable or non-cognizable?▼

The offence is non-cognizable under the First Schedule to the CrPC, so the police cannot arrest without a warrant, and cannot investigate without the order of a Magistrate under Section 155(2) CrPC.

Is Section 323 IPC bailable?▼

Yes, an offence under Section 323 IPC is bailable as of right under the First Schedule to the CrPC.

Which court tries a case under Section 323 IPC?▼

The First Schedule to the CrPC specifies that an offence under Section 323 IPC is triable by any Magistrate.

Can Section 323 IPC be compounded?▼

Yes, the offence is compoundable by the person to whom hurt was caused without the permission of the court under Section 320(1) CrPC.

What is the maximum fine under Section 323 IPC compared to BNS?▼

The maximum fine is one thousand rupees under Section 323 IPC, whereas Section 115(2) BNS raises the maximum fine to ten thousand rupees.

What exception applies to Section 323 IPC?▼

The section does not apply when hurt is caused on grave and sudden provocation, which is instead punished under Section 334 IPC.

Where is Section 323 IPC placed in the Bharatiya Nyaya Sanhita?▼

Section 323 IPC corresponds to Section 115(2) BNS under the new code.

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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 ·