IPC 323 vs BNS 323
● Retained in BNSPunishment for Voluntarily Causing Hurt
Section 323 of the Indian Penal Code, 1860, provides the punishment for the offence of voluntarily causing hurt, which is defined under IPC 321. Hurt means causing bodily pain, disease, or infirmity to any person. Unlike grievous hurt (IPC 322), this provision applies to less severe injuries.
The punishment under IPC 323 is:
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Imprisonment up to 1 year, or
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Fine up to ₹1,000, or
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Both.
For example, if someone slaps another person during an argument, causing pain but not grievous injury, it would fall under IPC 323.
This section is non-cognizable and bailable, meaning the police cannot arrest without a warrant, and the accused can seek bail easily. However, it serves as an important deterrent against acts of assault that, while not life-threatening, still violate personal safety and dignity.
Punishment for Voluntarily Causing Hurt
Section 323 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 323 and provides punishment for voluntarily causing hurt. The concept of “hurt” remains the same – causing pain, disease, or infirmity without the severity required for grievous hurt.
The punishment under BNS 323 is also:
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Imprisonment up to 1 year, or
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Fine up to ₹1,000, or
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Both.
For instance, pushing someone in anger, leading to a bruise or temporary pain, would be punishable under this section.
The provision ensures accountability for everyday assaults and minor injuries that might otherwise be overlooked but still harm social order and individual rights. It emphasizes that no one is allowed to harm another person physically, even if the injury is not serious.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 323 to BNS BNS 323.