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May 13, 2024

Daily Legal Current Affairs- DLC-13 May 24: IPC Sections 147 , 323 & 504

Why in news? Recently a Journalist was assaulted by some unidentified persons in raebareli , Uttar Pradesh. They have been charged under Sections147 (rioting), 323 (voluntarily causing hurt), and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code.

What is IPC Section147:

IPC Section 147 deals with the punishment for rioting in India.

Offense: Rioting is a disturbance of public peace by a group of people acting together in a violent way.

Penalty: Whoever is found guilty of rioting can be punished with:

Imprisonment: Up to two years.

Fine: An amount determined by the court.

Both: Imprisonment and fine.

Key Points:

  • The offence is bailable, meaning a person accused of rioting can apply for bail.
  • It is cognizable, which authorizes the police to arrest without warrant.
  • It is not compoundable, so it cannot be settled outside the court by agreement between the parties.

What is IPC Section 323?

Section 323 of the Indian Penal Code (IPC) deals with the punishment for voluntarily causing hurt to another person. Here’s a breakdown of the key points:

Voluntarily Causing Hurt: The act of causing hurt must be intentional and not accidental. The accused must have wanted to cause some degree of pain, disease, or bodily harm.

Types of Hurt: Hurt can encompass a range of things, from minor injuries like scratches or bruises to more severe pain or illness.

Punishment: Whoever is found guilty under Section 323 can be punished with imprisonment for up to one year, or a fine of up to ₹1,000, or both. The severity of the punishment can depend on the nature of the hurt caused.

Exceptions: There are some exceptions to Section 323. For instance, if the hurt is caused in self-defense (covered under Section 100 IPC), the act wouldn’t be considered an offense.

What is IPC Section 504?

  • IPC Section 504 deals with the offense of intentional insult with intent to provoke breach of peace.

Intentional Insult: The action must involve deliberately insulting someone through words or gestures.

Provocation: The insult must be intended to or likely to provoke the other person.

Breach of Peace: The provocation must be aimed at causing the person to disturb public peace and tranquility.

About IPC Section 504:

Punishment: It prescribes imprisonment for up to two years, or a fine, or both.

Non-cognizable Offense: Police cannot generally arrest without a warrant for this offense.

Compoundable Offense: The involved parties can settle the matter outside the court.

Bailable Offense: Bail is generally granted for this offense.

Examples of IPC Section 504:

·         Using abusive language towards someone with the intention of provoking a fight.

·         Making derogatory remarks about someone’s religion or caste with the intent to cause public disorder.

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