Indian Penal code is an integral and comprehensive code of criminal law which deals with every offense one can possibly think of taking place, it was drafted in 1860 and came into force in 1862. Every section in the code is important to its own terms.
Section 323 and Section 506 are the sections which are often imposed with one another. Reason behind this is the fact that these sections act as a cause and effect to each other.
It is commonly seen when a person gets into a physical fight with someone he intimidates his opponent by threatening him to inflict more pain and fear. Duo of these sections can also be termed as Pain & Fear.
Section 323 takes place when a person causes a simple hurt and after that simple hurt, he in order to make his opponent do something which he is legally bound to do and take control of him commits section 506.
With these reason these two sections become a combination at the time of the offense and follow each other and in view of the police officer who is filing the FIR it becomes almost an obligation for him to include both sections simultaneously in the FIR.
Section 323 comes under chapter 16th of the code under title ‘of offenses affecting the human body’ and deals with simple hurt caused to a person.
Section 323 is the section of punishment but the definition of the simple hurt comes from section 319 ‘Hurt’ and a word voluntarily is added in the same definition in section 321 ‘Voluntarily causing hurt’ of the IPC.
Hurt means causing pain, disease or infirmity by one person to another, such pain may or may not be caused through direct physical contact between accused and the victim but there has to be some voluntary act on the part of the accused.
There are several acts as offenses which come under the head of hurt-
- Causing of nervous shock to a person by voluntary act
- Stabbing a blow which fractures a limb
- The flinging of boiling water over a person
- A person digs a pit in a public path intending another to fall in it
Section 506 of the IPC comes under chapter 22nd “Of Criminal Intimidation, Insult and Annoyance” and deals with the offense of intimidation and threats given to victims and making them act or react in a particular manner.
Section 506 is the section of punishment and its definition is given in section 503 of the IPC. Other Provisions related to criminal intimidation are listed from section 503 to 507 of the IPC. To understand the working of section 506, one must first go through section 503 of IPC.
Section 503, states that Criminal intimidation is caused by threatening a person to cause-
- An Injury to his/hers person
- An Injury to his/her reputation
- An Injury to their property
- An Injury to their mind by causing alarm to that person
Application of the Sections
Application of both these sections should be understood with the provisions of Criminal Procedure Code 1973 from the stage of filing FIR to sentencing in the court.
- Section 323
Section 323 is offense of less serious in nature in the eyes of law, so this section is listed as a non-cognizable offense which states a person will not be arrested by police without warrant and also it is a bailable offense so in cases of section 323 the bail is provided from the police station itself.
Simple hurt is also a compoundable offense u/s 320(1) CRPC which means that it can be compounded without the permission of court
- Section 506
Criminal Intimidation section 506(1) is a non-cognizable offense and a bailable offense, It is also a compoundable offense and listed under section 320(1) which means offense can be compounded or settled without the permission of court.
There is small cache in this section where it is divided in two parts, section 506(1) is applicable when one person threatens to cause simple hurt to someone and section 506(2) is applicable when a person threatens to cause death or grievous hurt to someone, With this gravity of the offense increases and then it becomes non compoundable offense which says that this part of the offense cannot be compromised outside court once an FIR is registered.
Procedure for a Section 323, 506 case
Here we will understand that when both sections are imposed in one FIR, how the procedure works from initial stage to Final Judgment.
First of all both these sections are non-cognizable offenses so there is no provision for arrest by the police at any time during investigation or after filing chargesheet. There is always a warrant required signed by the Magistrate first class.
But one should know and remember that there is a small state amendment in the CRPC schedule I which states that Section 506 will be considered a Cognizable and Non Bailable Offense in the state of UP which was result of a Judgment which we will discuss in the case laws, so this must be understood that in case of Section 323 read with Section 506 it will always be a FIR not a NCR in State of UP.
NCR is Non Cognizable report which is registered in the non-cognizable cases and FIR is first Information report which is registered in Cognizale Case.
Punishment for causing simple hurt under Section 323 of IPC, 1860 is imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
The first part of Section 506 of IPC, 1860 states the punishment with imprisonment for a term which may extend to two years, or with a fine, or with both fine and imprisonment for the offense. The second part of Section 506 states that the offense is punishable with imprisonment for a term which may extend to seven years or fine or with both.
With this we come to a conclusion that Sections 323 and 506 are a common combination seen in the FIR. They are less serious in nature and have thin lines in regards to their punishment and execution but nonetheless they are crime and nothing more. These sections are compoundable offenses and this means that offenses can be compounded without the permission of court and it is fair only to settle these cases outside court with both parties agreeing to it.
- Indian Penal Code 1860 by S.N. Mishra
- Criminal Procedure Code 1973 by Ratan Lal Dheeraj Lal
- https://indiankanoon.org/doc/139207662/ – Anurag Dwivedi And Another vs State Of U.P. and Another (2019)
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