325 of IPC ?
Section 325 of the Indian Penal Code (IPC) pertains to the offense of voluntarily causing hurt.
According to this section, whoever voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
The key element of this offense is that the hurt must be voluntarily caused, meaning that it must be done with the intention or knowledge that it is likely to cause hurt. The hurt caused must not be “grievous” as defined by the IPC, which is a more serious injury.
It is considered as cognizable and bailable offense. The court may take into consideration the circumstances of the case and the offender’s criminal history while determining the sentence.
It’s important to note that the punishment may be different based on the circumstances of the case, the offender’s previous criminal history and the court’s discretion.
What is the Punishments under section 325 of IPC ?
The punishment for an offense under section 325 of the Indian Penal Code (IPC) is imprisonment for a term which may extend to 7 years, and also a fine. It is considered as a cognizable and bailable offense. The court may take into consideration the circumstances of the case and the offender’s criminal history while determining the sentence.
Possibility of bail under section 325 of IPC ?
The bail provisions for an offense under Section 325 of the Indian Penal Code (IPC) are bailable, which means that bail can be granted to the accused. Bail is a legal process where an accused person is released from custody, on the condition that he/she will appear before the court as and when required.
The granting of bail is at the discretion of the court and depends on various factors such as the nature and gravity of the offense, the evidence against the accused, the previous criminal history of the accused and the likelihood of the accused absconding or tampering with evidence.
In case of Section 325 IPC, the court may grant bail on the accused person executing a bond with or without sureties, as the case may be, and subject to any other condition that the court may impose. The accused may also be released on personal bond and without sureties.
However, if the court finds that there is a likelihood of the accused absconding or tampering with evidence, it may refuse to grant bail.
Explanation of 325 IPC with example
An example of an offense under Section 325 IPC would be like if a person intentionally hits another person with their fist, causing a minor injury such as a bruise or cut. This action would be considered as voluntarily causing hurt as the person intentionally hit the other person with the knowledge that it would cause an injury. The injury caused is not a “grievous hurt” as defined by the IPC.
Another example would be if a person throws a stone at another person with the intention of hitting them, causing a minor injury. In this case, the person’s action of throwing the stone would be considered as voluntarily causing hurt as they intended to cause an injury.
It’s important to note that in both examples, the offender can be charged under Section 325 of IPC for voluntarily causing hurt and can be punished as mentioned under the section.