What isN.C with refrence to sec323 of ipc ?
Kiran Kumar (Lawyer) 12 June 2009
now u must also look for the distinction between cognizable and non-cognizable offence.
be a good student and find it from books.
saumit joshi (advocate) 13 June 2009
N.C is Non congnizabel offence and N.C cases comes under the preview of executive megistrate.
Archit Uniyal 30 March 2020
So your query has 3 parts to it.
1st is - Section 323 of The Indian Penal Code
Section 323 of the IPC defines Punishment for voluntarily causing hurt. It says that whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. A case under IPC 323 can be tried in the court of Any Magistrate.
2nd is – Non-Cognizable Offence:
Non-Cognizable Offence is defined under Section 2(l) of the CrPC. A non-cognizable offence is an offence listed under the first schedule of the Indian Penal Code. It is a bailable offence. In case of a non-cognizable offence, the police cannot arrest the accused without a warrant as well as cannot start an investigation without the permission of the court. The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-cognizable crimes.
3rd – Is Section 323 a Non-Cognizable Offence
The answer is Yes, The offence of voluntarily causing hurt is a non-cognizable offence, meaning thereby if a person has committed an offence under this section the police cannot arrest such a person without a warrant as stated under section 155 of the CrPC. An offence under this section is bailable in nature and is liable to be investigated and decided by the Magistrate who is having authority over the area where such offence has been committed.
What happens if the investigation by the Police is in contravention of section 155?
This matter has come up in the court and in the case Kunhumuhammed v. State of Kerala it was held that even if the report of a police officer following an investigation is contrary to Section 155(2), it could still be treated as a complaint under Section 2(d) and Section 190(1)(a) of the CrPC. But it is necessary that the police officer believes that the case involved the commission of a cognizable offence at the commencement of the investigation or has a doubt about the same and through the investigation, it is established as only commission of a non-cognizable offence.
I hope this Solves your Query.