Section 323 of the Indian Penal Code punishes the act of voluntarily causing hurt.
Now, it is defined in the IPC that whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
Bodily pain can also be caused by a slapping on the face, for example, which may not leave any injury mark that can always be detected by a medical examination.
Therefore, the nature of hurt that may be punishable under Section 323 IPC may not be always of such a nature which may require medical examination. Oral evidence of the incident (such as of slapping a person) may also be sufficient to prove this charge.
Therefore, while it may be advantageous to have a medical report or certificate to prove a charge under Section 323 IPC, it is not mandatory to have such a medical certificate for proving such charge. It may also be proved by oral evidence of the witnesses.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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