Indian Penal Code, 1860
Section 321
repealedVoluntarily causing hurt
Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.
Why this exists
This section defines the mental element (intention or knowledge) combined with the actual result (hurt) needed to establish that hurt was caused 'voluntarily,' distinguishing intentional or knowing harm from purely accidental injury. This definition underpins the punishment provisions in later sections, such as Section 323, that specifically punish voluntarily causing hurt. Under the Bharatiya Nyaya Sanhita, 2023, this definition is retained under Section 115(1).
How courts read it
Courts require proof either of a specific intention to cause hurt, or knowledge that the act was likely to cause hurt, plus proof that hurt actually resulted; accidental injury without either intention or such knowledge does not meet this definition.
Common misconceptions
- Myth: Any injury caused by a person's actions counts as 'voluntarily causing hurt,' even if it was a pure accident.
Fact: This definition requires either intention to cause hurt or knowledge that hurt was likely; purely accidental harm without either does not qualify.