It is humbly submitted before this court that the accused voluntarily caused hurt to the

prosecutrix, thus should be convicted under Section 323, IPC.

Section 323, IPC provides for punishments for voluntarily causing hurt.

Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be
punished with 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.1

The exception to Section 323 is given under Section 334, IPC, which states that if hurt is
caused due to grave and sudden provocation then the punishment and fine would be reduced.

Section 334 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 of either description
for a term which may extend to one month, or with fine which may extend to five hundred
rupees, or with both.2

In normal sense, hurt means to cause bodily injury and/or pain to another person.Section 319
defines hurt, therefore 323 should be read with Section 319, IPC. It states that Whoever
causes bodily pain, disease or infirmity to any person is said to cause hurt.3

The definition of hurt appears to contemplate the causing of pain, etc. by one person to
another. For example pulling a woman by the hair was held to be this offence.4

Based on the definition, the essential ingredients of Hurt are

1. Bodily pain, disease or infirmity must be caused. 5

2. It should be done by the accused either with the intention to cause hurt or with the
knowledge that the accused is likely to cause hurt to the victim.6

1 Section 323, IPC.

2 Section 334, IPC.

3 Section 319, IPC.

4 (1883) Weir, 3rd Edition, 196.

5 Ratanlal & Dhirajlal, The Indian Penal Code, Student Edition, Pg. 604.

6 State v. Dinesh Walecha Etc., Delhi District Court.

It is humbly submitted before this court that the accused by his actions voluntarily caused
bodily pain and infirmity to the prosecutrix. Bodily pain, except such slight harm for which
nobody would complain, is hurt. For example, pricking a person with pointed object like a
needle or punching somebody in the face, or pulling a woman's hair. The duration of the pain
is immaterial. Infirmity means when any body organ is not able to function normally. It can
be temporary or permanent. It also includes state of mind such as hysteria or terror.7

In Moti Singh v. State of Maharashtra 8, Honble Supreme Court held that dimension of the
injuries may not be serious, it is the situs of the injuries that would indicate whether the
accused could reasonably entertain the apprehension that at least grievous injuries/hurt would
be caused to him by the assaulters unless aggression is thwarted.

In the present case the essential ingredients of hurt are fulfilled. The accused caused bodily
pain and infirmity to the prosecutrix, which is evident from the fact that the doctors report
suggested marks on the body and other mild injuries, scratches and scars on the body. The
parties were living in a live-in relationship and after a period of two years problems in the
relationship started occurring which was triggered when the prosecutrix started accusing that
the accused was having a physical relationship with another woman. This lead to constant
fights between them which is evident from the fact that their common friend saw them often
quarrelling with each other. The injury marks states in the doctors reports, were therefore
caused by the actions of the accused during the period when they started having heated
arguments and constant fighting.

This also led to the prosecutrix being mentally upset and ultimately going into depression and
infirmity. Thus another ingredient for hurt has been fulfilled when the acts done by accused
lead to constant fighting between them which caused infirmity to the prosecutrix.

It is not necessary that the hurt should be visible to the naked eye. 9 In the case of Jashanmal
Jhamatmal v. Brahmanand Sarupanand,10, wherein it was upheld as under:

7 K.D Gaur, Textbook on Indian Penal Code, 3rd Edition, 2004.

8 (2002) 9 SCC 494.

9 Santosh Devi v. Ravinder Etc., Delhi District Court, CC No. 1376/1/11.

10 AIR 1944 Sind 19 Pg 21.

"Infirmity denotes an unsound or unhealthy state of body or mind and clearly a state of
temporary mental impairment or hysteria or terror would constitute infirmity, within the
meaning of that expression in Section 319 IPC".

The state of mind of the prosecutrix was in depression and also clearly as a state of temporary
mental impairment or hysteria or terror, which according to the Supreme Court in Jashanmal
Jhamatmal v. Brahmanand Sarupanand,11 would constitute infirmity, within the meaning of
the expression in Section 319 IPC.

An inference drawn from the character and circumstances of the act is sufficient proof of
intention.12 The parties were living together in live-in relationship for more than two years,
thus feelings of love and affection between them increased, but the act of the accused when
problems were created in the relationship due to the nature of relationship of him and another
girl Pooja. This act of the accused is of the nature that it would cause mental upsetting to the
prosecutrix. He would have known that such act would lead to depression thus this inference
is drawn from the character and circumstances of the act and is sufficient to prove the
intention of the accused. There has been a gross violation of her physical, mental and moral
integrity and domestic violence has been inflicted against her as per the PWDVA13. Thus, the
ingredients of Section 323 read with Section 319, which defines hurt and prescribes
punishment for it are fulfilled. Therefore, the accused is liable to be convicted under Section
323, IPC.

11 Supra.

12 Sanku Sreedharan Kottukallil v. State of Kerela, AIR 1970 Ker 98.

13 Definition of domestic violence - For the purposes of this Act, any act, omission or commission or conduct
of the respondent shall constitute domestic violence in case it (a) harms or injures or endangers the health,
safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and
includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person
related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in
clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.