Section 321 IPC
⚖️ Section 321 IPC – Voluntarily Causing Hurt
🔹 Definition:
Section 321 IPC defines the offence of voluntarily causing hurt.
It says:
"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'."
🔹 Key Ingredients:
To constitute the offence under Section 321, the following must be proved:
Act committed by accused.
The act must be done with intention to cause hurt OR with knowledge that hurt is likely.
The act must actually cause hurt as defined under Section 319 IPC (bodily pain, disease, or infirmity).
🔹 Illustration:
A, intending to cause pain, slaps B. B suffers pain → A has voluntarily caused hurt under Sec. 321.
🔹 Example from Case Law:
Kishori v. State of M.P. (2007):
– Intention or knowledge must be established. Without it, offence not proved.
Tuka Ram v. State of Maharashtra (1979):
– Even a minor injury causing bodily pain is sufficient to constitute “hurt” under Section 321.
🔹 Punishment:
Section 321 only defines the offence.
👉 The punishment is provided under Section 323 IPC (Imprisonment up to 1 year, or fine up to ₹1,000, or both).
📊 Quick Summary – Section 321 IPC
| Aspect | Details |
|---|---|
| Section | 321 IPC |
| Defines | Voluntarily causing hurt |
| Meaning of Hurt | Bodily pain, disease, or infirmity (Sec. 319 IPC) |
| Ingredients | Act + intention/knowledge + causing hurt |
| Punishment | Not under 321 itself → Provided in Sec. 323 IPC |
| Case Law | Kishori v. State of M.P., Tuka Ram v. State of Maharashtra |
✅ In short: Section 321 = definition of voluntarily causing hurt.
Section 323 = punishment for voluntarily causing hurt.
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