Sections 323 and 324 IPC (Now BNS): Hurt and Grievous Hurt Explained (2026)

Explainer · Criminal Law

Updated for 2026 · Claw Editorial

A simple fight, a slap, or a push can end up as a criminal case, and the first question lawyers and clients ask is which section applies and whether the accused can get bail. Section 323 IPC punishes voluntarily causing hurt, with up to one year in jail or a fine, and it is bailable and compoundable. Section 324 IPC punishes hurt caused by a dangerous weapon, with up to three years in jail. Under the new code, these offences now sit in Sections 115 and 118 of the BNS 2023.

01Why Sections 323 and 324 matter in daily practice

Hurt offences are among the most common charges in Indian magistrate courts. They come from neighbour disputes, family quarrels, road incidents, and property fights. Many of these cases begin as small matters and grow because the wrong section is applied.

The line between hurt and a worse charge is thin

The same incident can be charged as simple hurt, as hurt by a weapon, or as grievous hurt. The section decides the punishment, whether police can arrest without a warrant, and whether the case can be settled. A wrong section at the FIR stage can mean a client is arrested when he should have been released on bail as of right.

The old code and the new code now run side by side

The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code for offences committed on or after 1 July 2024. Offences before that date are still tried under the IPC. So a lawyer in 2026 may handle a Section 323 IPC case and a Section 115 BNS case on the same day.

Section 323 is the simple case: hurt, one year, bailable. Section 324 is the same act with a dangerous weapon, and the law treats it far more seriously.

02Hurt vs grievous hurt (Sections 319 and 320 IPC)

Hurt is defined in Section 319 IPC as causing bodily pain, disease or infirmity to any person. The pain does not have to be severe. A slap that causes pain is hurt. Grievous hurt is a more serious category defined in Section 320 IPC.

Hurt (Section 319)

Three elements are needed: the act must cause bodily pain, disease or infirmity, and it must be done voluntarily, meaning the person intended it or knew it was likely to cause hurt.

Grievous hurt (Section 320)

Section 320 lists eight kinds of injury that count as grievous. In plain words, these include:

• Emasculation.
• Permanent loss of sight in either eye.
• Permanent loss of hearing in either ear.
• Loss of any member or joint.
• Permanent damage to the use of a member or joint.
• Permanent disfiguration of the head or face.
• Fracture or dislocation of a bone or tooth.
• Any hurt that endangers life, or that leaves the victim in severe bodily pain or unable to follow his normal pursuits for twenty days.

Voluntarily causing grievous hurt is punished separately (Section 325 IPC, with up to seven years). That is a different offence from Sections 323 and 324.

03Section 323 IPC: punishment for voluntarily causing hurt

Section 323 IPC is the general punishment section for hurt. It applies when someone voluntarily causes hurt and no more serious section covers the act.

• Punishment: imprisonment of either description for up to one year, or a fine up to Rs 1,000, or both.
• Cognizable: no. Police need a magistrate’s order to investigate.
• Bailable: yes. Bail is a right.
• Triable by: any Magistrate.
• Compoundable: yes, by the victim.

Because it is a lower-level offence, Section 323 is often used with other sections, such as criminal intimidation or unlawful assembly, when a group fight is reported.

04Section 324 IPC: hurt by dangerous weapons

Section 324 IPC applies when hurt is caused by an instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death. It also covers fire, heated substances, poison, corrosive substances, explosives and similar means.

• Punishment: imprisonment of either description for up to three years, or a fine, or both.
• Triable by: any Magistrate.
• Compounding: allowed under the IPC scheme only with the court’s permission.

The weapon is what separates Section 324 from Section 323. A stick, a knife, a rod, or a hot liquid can all bring a case under 324, depending on how it was used. The same act causing grievous hurt is dealt with by a heavier section (Section 326 IPC).

05Is Section 323 bailable? Can it be compounded?

Section 323 IPC is a bailable offence. This means the accused can claim bail as a matter of right, and the police or the court must grant it on furnishing a bond.

Compounding means the victim and the accused settle the matter and the court ends the case. Under the old procedure code this was governed by Section 320 CrPC, and under the new procedure code, the Bharatiya Nagarik Suraksha Sanhita, it sits in Section 359.

Be careful here. Sources differ on how Section 324 IPC and BNS 118(1) are classified, so always read the First Schedule of the procedure code that applies to the date of the offence before advising a client on bail or settlement.

06IPC to BNS mapping for hurt offences

The BNS 2023 keeps the same basic structure for hurt but renumbers the sections and raises the fines. The usual mapping is below.

Two changes stand out. First, the fine for simple hurt rises from Rs 1,000 to Rs 10,000. Second, the weapon-based offence is now Section 118, and secondary sources describe it as cognizable and non-bailable, which is a harder position than the old Section 324.

07Practical points for lawyers

A few habits help in hurt cases, whichever code applies.

• Read the injury report first. It shows whether the injury is simple or grievous and whether a weapon was involved.
• Check the section against the facts. If the FIR names a weapon but the report shows only bruises, the section may be wrong.
• Consider settlement early. Simple hurt is compoundable, and many cases between neighbours or relatives end that way.
• Look for supporting authority. Case law on when a household object becomes a dangerous weapon, and on how courts treat compounding, can change the outcome.

For other offences that often appear in the same family or neighbour disputes, see our explainers on kidnapping under Sections 363 to 366 IPC and dowry death under Section 304B IPC. For lawyers who also handle money recovery work, see our guide to legal collections software.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For a hurt case, the practical use is simple. You can search High Court and Supreme Court judgments on hurt, dangerous weapons and compounding, track the matter and its next hearing date in the trial court, and keep client records in one place. Claw has a free plan for individual advocates, with paid plans for teams and enterprises. Claw does not use customer case documents to train AI models.

09Sources and further reading

Check the primary text before you rely on any section number or punishment:

• India Code (IPC 1860 and BNS 2023 text): indiacode.nic.in
• Supreme Court of India (official judgments): sci.gov.in
• Claw: clawlaw.in

This page is general information and not legal advice. Last verified October 2026.

10Frequently asked questions