IPC Section 321
IPC Section 321: Voluntarily causing hurt to prevent the offender from committing the offence
Textual Meaning (in simple terms):
Section 321 deals with situations where a person voluntarily causes hurt to another person in order to prevent that person from committing an offence.
In simpler words, if someone hurts a person to stop them from doing something illegal, it can fall under this section.
Essentials/Ingredients of Section 321:
Hurt:
There must be some physical injury or hurt caused to a person.
The hurt must be voluntary, meaning the person intentionally causes it.
Intention to Prevent an Offence:
The main purpose of causing hurt must be to prevent someone from committing an offence.
Example: Stopping a thief from stealing, even if it involves hurting them.
Knowledge of the Offence:
The person causing hurt must know or believe that the other person is about to commit an offence.
Proportionality:
The hurt caused should be reasonable in relation to the offence being prevented.
Excessive violence may not be protected under this section.
Punishment under Section 321:
Imprisonment: Up to 3 months, or
Fine, or
Both
This shows that while the law recognizes the need to prevent crimes, it limits excessive hurt or punishment to maintain fairness.
Illustrations/Examples:
A person pushes a thief who is trying to snatch a bag to stop the theft.
→ Punishable under Section 321 if the hurt is reasonable.
Someone slaps a person trying to poison food in order to prevent the crime.
→ Falls under Section 321.
A person hits someone trying to break into a house, intending to stop the burglary.
→ Protected under this section, provided the hurt is reasonable.
Key Points to Remember:
Section 321 acknowledges the right to prevent offences, but the act of hurting must be proportionate and reasonable.
The hurt must be intentional and directed at preventing an offence, not out of revenge or personal anger.
It is related to Sections 334, 335, and 352 IPC, which deal with voluntarily causing hurt or assault in different contexts.
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