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IPC Sections 323, 324, 325 & 326–Laws on Assault in India

ipc sections 323, 324, 325 & 326–Laws on Assault in India

1.       The cases of fighting, harming or injuring someone is taken as a very serious crime in our country. Section 323, 324, 325 & 326 of the Indian Penal Code provides the guidelines on how to tackle these crimes and the punishments if committed. 

2.       General or simple assaults is not considered as a cognizable offense and therefore while these matters can be reported in the police station, the Police will not directly file a FIR. The complainant can request the Court to file a FIR by applying before the court. Cases of simple assaults are registered under IPC 323. 

3.       If someone gets beaten up or injured by someone, the victim should do a Medical-Legal Certificate or MLC, which can be used as proof in the Court. Any doctor can do MLC after a fight and it contains the complete information of the assault and the injuries suffered by the victim. 

4.       If someone is harmed or injured by a deadly weapon during an assault, then this case comes under IPC 324. In such cases, the police file the FIR based on the statement of the complainant. If the Court finds the accused guilty, then he/she can be imprisoned up to 3 years in jail. This is a non-bailable, non-negotiable, and cognizable offense. Even if both parties come to a settlement after filing of the case, the FIR can only be kaput by permission of the Court. 

5.       If someone suffers serious injuries in an assault, then the case should be filed under IPC 325. This is a cognizable but a bailable and negotiable offense. 

6.       If a person inflicts serious injuries to someone with the use of any deadly weapon, then the case should be filed under IPC 326. Stabbing, amputating or inflicting any such injury which could end a person's life comes under this category. Breaking someone's bone or teeth during an assault also comes under IPC 326. This is a non-bailable, non-negotiable, and cognizable offense. If the Court finds the accused guilty, then they can be punished with life imprisonment. 

7.       If someone attacks intending to kill someone, then the accused is charged under IPC 307 for an attempt to murder. If found guilty, the Court could punish the accused with life imprisonment. 

8.       If someone attacks with no intention of killing but still the victim's life gets in danger, then the accused is charged under IPC 308 for an attempt to kill without will. If found guilty, the accused can be imprisoned for a maximum of 7 years.

This article is written for educational purposes, this is not for any kind of advertisement of the writer.


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