Law and You > Criminal Laws > Indian Penal Code > Aggravated Forms of Hurt and Grievous Hurt
Section 321 to 338 IPC describes aggravated forms of Hurt and Grievous Hurt depending upon various circumstances in which the offence was committed.
Section 321 IPC:
Voluntarily 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”.
Essential Ingredients of Section 321:
(a) A Person does any act –
(i) With the intention of thereby causing hurt to any person or,
(ii) With the knowledge that he is likely thereby to cause hurt to any person.
(b) He thereby causes hurt to any person.
The offence of voluntary causing hurt is punishable under Section 323 IPC.
Section 323 IPC:
Punishment for Voluntarily Causing Hurt:
Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Punishment:
Imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Classification of Offence:
Offence under this Section is non-cognizable, bailable, triable by any Magistrate and compounded by the person to whom the hurt is caused.
In Babu Bika Jadhav 1996 Cri LJ 3952 (Bom) case, where the accused was one of the persons who assaulted the deceased with a stick but there was no proof that the fatal blow or grievous injury was caused by him. The Court held that when the injury is not serious and there was no intention to cause death or grievous hurt, nor did the accused have knowledge that it was likely to cause grievous hurt or death, he is guilty of causing hurt and not death, even though death is caused and further held, that the accused could only be convicted under section 323.
Section 334 IPC:
Voluntarily Causing Hurt on Provocation:
Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
Punishment:
Imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
Classification of Offence:
Offence under this Section is non-cognizable, bailable, triable by any Magistrate and compounded by the person to whom the hurt is caused.
Section 322 IPC:
Voluntarily Causing Grievous Hurt:
Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes grievous hurt, is said “voluntarily to cause grievous hurt.”
Explanation: A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
Essential Ingredients of Section 322:
(a) A Person voluntarily causes hurt;
(b) The hurt which he intends to cause, or knows himself to be likely to cause, is grievous hurt;
(c) The hurt which he causes is grievous hurt.
Illustration: A, intending or knowing himself to be likely permanently to disfigure Z‘s face, gives Z a blow which does not permanently disfigure Z‘s face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.
To make out the offence of voluntarily causing grievous hurt, there must be some specific hurt, voluntarily inflicted, and coming within the eight kinds enumerated in this section. When a person forcibly thrust lathi into the rectum of another person and causes serious injuries, he was held guilty of causing grievous hurt. Injuries inflicted with the help of burning firewood cannot be considered as grievous hurt as they do not come within the specific items of the injuries mentioned in the definition of grievous hurt; nor do they endanger life.
Section 325 prescribes punishment for grievous hurt described under Section 322 IPC. Sections 326, 329 331, 333, 335 and 338 IPC prescribe punishment for causing grievous hurt under various other circumstances (Aggravated forms of grievous hurt).
Section 325 IPC:
Punishment for Voluntarily Causing Grievous Hurt:
Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment:
Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Classification of Offence:
Offence under this Section is cognizable, bailable, triable by any Magistrate and compounded by the person to whom the hurt is caused with permission of Court.
In Kalika Singh v. Province of Uttar Pradesh, 1981 CRILJ 639 case, where a few wounds caused to complainant by blamed by clench hands and lathi incorporated a break caused to one side thumb by his fall on the ground during his beating by the accused. The Allahabad High Court held that the accused was liable under Section 325, even though the fracture was caused by the fall and not by the lathi.
Section 335:
Voluntarily Causing Grievous Hurt on Provocation:
Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.
Punishment:
Imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.
Classification of Offence:
Offence under this Section is non-cognizable, bailable, triable by any Magistrate and compounded by the person to whom the hurt is caused.
In Dalip Singh and Ors. v. State of Haryana, March 10 2008 case, where the facts involved a petty altercation between the parties on an issue, but there was no prior enmity between them. The accused later asked the victim to come to a panchayat meeting the next day to resolve the issue and had no intention to hurt the victim. But, during the meeting, the offence was committed during a heated exchange of words. The Punjab and Haryana High Court opined that there was no sudden provocation by the victim and thus, the accused could not come under Section 335.
Section 324 IPC:
Voluntarily Causing Hurt by Dangerous Weapons or Means:
Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Ingredients of Section 324:
- Voluntary hurt caused to another person by the accused, and
- Such hurt was caused:
- By any instrument used for shooting, cutting or stabbing, or any other instrument likely to cause death, or
- By fire or other heated instruments, or
- By poison or other corrosive substance, or
- By any explosive substance, or
- By a substance that is dangerous for the human body to swallow, inhale, or receive through blood, or
- By an animal.
Punishment:
Imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Classification of Offence:
Offence under this Section is cognizable, non-bailable, non-compoundable triable by any Magistrate.
Section 326 IPC:
Voluntarily Causing Grievous Hurt by Dangerous Weapons or Means:
Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Ingredients of Section 326:
- Voluntary Grievous hurt caused to another person by the accused, and
- Such hurt was caused:
- By any instrument used for shooting, cutting or stabbing, or any other instrument likely to cause death, or
- By fire or other heated instruments, or
- By poison or other corrosive substance, or
- By any explosive substance, or
- By a substance that is dangerous for the human body to swallow, inhale, or receive through blood, or
- By an animal.
Punishment:
Imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Classification of Offence:
Offence under this Section is cognizable, non-bailable, non-compoundable, triable by 1st Class Magistrate.
Section 326A IPC:
Voluntarily Causing Grievous Hurt by Use of Acid, etc:
Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim: Provided further that any fine imposed under this section shall be paid to the victim.
Lakshmi v Union of India and Ors, AIR 2015 SC 3662:
The changes in Indian laws came about when Lakshmi, an acid-attack victim filed a PIL in 2006 to the Supreme Court of India asking for stricter laws for the sale of acids and proper provisions in the Penal Code for the protection of the victims of acid attacks.
Significance of Lakshmi v Union of India and Ors, AIR 2015 SC 3662 (2015) case:
- Section 326-A and 326-B were specifically inserted in the Indian Penal Code by the 2013 Amendment Act to control and prevent acid-attacks, a type of gender-based crime against women.
- Section 357-A was inserted in the Code of Criminal Procedure, 1973 for the compensation to the victim or their dependents, to prepare a scheme for providing funds to all those who have suffered loss or injury due to such an acid attack and need rehabilitation.
- The state government issued ban on sale of acid and declared acid as “poison” and which would not be easily available.
- To avoid acid assaults, the Supreme Court outlawed the counter-sale of the chemical unless the vendor kept a record of the buyer’s information.
- Dealers could only sell the chemical provided the buyer presented a government-issued picture ID card and stated the reason for the purchase.
- Victim compensation scheme was also initiated by the government with the help of legal services authority so that each acid attack victim could take benefit of such an initiation.
- Amendment of CrPC led to the insertion of section 357C which is all hospitals whether private or public run by central, state government or local bodies should provide the first aid or medical treatment free of cost. No hospital/clinic can refuse for treatment of an acid attack victim and if any such complaint is made, the victim can take further appropriate legal action.
- A certificate would be supplied to the victims verifying their identity, and no hospital should break these regulations without first informing the police.
- It was also decided that the State will pay the victim a minimum of 3 lakhs in compensation for aftercare and rehabilitation expenditures.
Section 326B:
Voluntarily Throwing or Attempting to Throw Acid:
Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Ingredients of Section 326B:
- The Accused
- throws or
- attempts to throw acid on any person or
- attempts to administer acid, or
- attempts to use any other means,
- with the intention of causing
- permanent or partial damage or
- deformity or
- burns or
- maiming or
- disfigurement or
- disability or
- grievous hurt to that person
Punishment:
Imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Classification of Offence:
Offence under this Section is cognizable, non-bailable, non-compoundable, triable by Court of session.
Section 327:
Voluntarily Causing Hurt to Extort Property, or to Constrain to an Illegal Act:
Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Ingredients of Section 327:
- The Accused voluntarily causes hurt,
- for the purpose of extorting from the sufferer, or from any person interested in the sufferer,
- any property or valuable security, or
- of constraining the sufferer or any person interested in such sufferer
- to do anything which is illegal or which may facilitate the commission of an offence
Punishment:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Classification of Offence:
Offence under this Section is cognizable, non-bailable, non-compoundable, triable by 1st Class Magistrate.
Section 328:
Causing Hurt by Means of Poison, etc., with Intent to Commit an Offence:
Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 329:
Voluntarily Causing Grievous Hurt to Extort Property, or to Constrain to an Illegal Act:
Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything that is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 330:
Voluntarily Causing Hurt to Extort Confession, or to Compel Restoration of Property:
Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 331:
Voluntarily Causing Grievous Hurt to Extort Confession, or to Compel Restoration of Property:
Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 332:
Voluntarily Causing Hurt to Deter Public Servant from his Duty:
Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 333:
Voluntarily Causing Grievous Hurt to Deter Public Servant from his Duty:
Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 336:
Act Endangering Life or Personal Safety of Others:
Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred and fifty rupees, or with both.
Section 337:
Causing Hurt by Act Endangering Life or Personal Safety of Others:
Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Section 338:
Causing Grievous Hurt by Act Endangering Life or Personal Safety of Others:
Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.