voluntarily causing hurt
100 Right of private defence against deadly assault when there is risk of harm to innocent person Right of private defence of body. SECTION 321 Defines the offence of voluntarily causing hurt It reads as follows.
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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.
. According to Section 321 of the Indian Penal Code 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. Also find news photos and videos on Voluntarily causing hurt TOI TimesPoints. Section 321 defines voluntarily causing hurt as 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.
Some local commentors have stated that the word voluntarily in s321 is to be read with the definition of voluntarily in s39. REDEEM YOUR TIMES POINTS VIEW ALL. 96 Nothing done in private defence is an offence 97 Right of private defence of the body and of property 98 Extent to which right may be exercised 99 Right of private defence against act of person of unsound mind etc.
The word voluntarily should simply be treated as a label which adds nothing to the. Can a Victim of Voluntarily Causing Hurt Receive Compensation from the Offender. An offence of voluntarily causing hurt is charged under Section 321 of the Penal Code.
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Examples of grievous hurt are death permanent disfiguration permanent impairment fracture or dislocation of a bone. Therefore the fault element for voluntarily causing hurt is intending to cause hurt or knowing that hurt is likely to cause. 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.
Post 2008 Whoever except in the case provided for by s 334 voluntarily causes hurt shall be punished with imprisonment for a term which may extend to 2 years or with fine which may extend to 5000 or with both Illustration of Section 323. Whoever voluntarily causes hurt on grave and sudden provocation if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation shall be punished with imprisonment for a term which may extend to 6 months or with fine which may extend to 2500 or with both. 5 In common law crime which is committed by an individual.
Elements of Voluntarily Causing Hurt According to section 321 of the Penal Code VCH is committed when a person does. Therefore the fault element for voluntarily causing hurt is intending to. To determine the extent of the punishment to be meted the court is guided by a sentencing framework that consists of 3 main sentencing categories.
However reference to s39 should be avoided. Consequences for voluntarily causing hurt If a person is convicted for voluntarily causing hurt he may be sentenced up to 3 years imprisonment andor a fine up to 5000. Whoever except in the case provided for by section 334 voluntarily causes hurt by means of any instrument for shooting stabbing or cutting or any instrument which used as a weapon of offence is likely to cause death or by means of fire or any heated substance or by means of any poison or any corrosive substance or by means of any.
In light of its wide scope the law recognises a distinct category for hurt of a greater severity defined as grievous hurt in Section 320 of the Penal Code.
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