Indian criminal law | IPC and BNS
Section 322 IPC: Voluntarily Causing Grievous Hurt
Understand the definition, mental element, actual injury requirement and statutory illustration under Section 322 of the Indian Penal Code, alongside the corresponding provisions of the Bharatiya Nyaya Sanhita, 2023.
Original statutory text: 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 is 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.
Statutory illustration
A, intending of 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.
Editorial note: The illustration above preserves the wording of the uploaded IPC page, including its apparent typographical error, "intending of knowing". The expression is ordinarily rendered "intending or knowing" in the statutory illustration.
Meaning and essential ingredients
Section 322 IPC is a definition of voluntarily causing grievous hurt. It requires both the requisite state of mind and an injury that actually falls within a statutory category of grievous hurt. Intending a serious injury without causing grievous hurt is not, by itself, sufficient for the completed offence defined here.
- Conduct causing hurt: The accused must do an act resulting in bodily pain, disease or infirmity as understood under Section 319 IPC.
- Intention or knowledge: The accused must intend to cause grievous hurt or know that grievous hurt is likely.
- Actual grievous hurt: The injury must fall within one of the categories of Section 320 IPC.
- Causal connection: The alleged act must cause the grievous injury.
What if the injury differs from what was intended?
The explanation expressly covers a mismatch between the kind of grievous hurt intended or foreseen and the kind actually caused. It does not dispense with proof that grievous hurt was caused and that the requisite intention or knowledge existed.
What counts as grievous hurt?
Under Section 320 IPC, grievous hurt is limited to eight statutory categories: emasculation; permanent loss of sight of either eye; permanent loss of hearing of either ear; loss of a member or joint; destruction or permanent impairment of the powers of a member or joint; permanent disfiguration of the head or face; fracture or dislocation of a bone or tooth; and hurt endangering life or causing severe bodily pain or inability to follow ordinary pursuits for twenty days.
Important update: Section 116 BNS defines grievous hurt and uses fifteen days, rather than the IPC's twenty days, for the duration-based part of the eighth category. The precise statutory test, medical records and timing of the alleged act therefore matter.
Punishment: Section 325 IPC and Section 117 BNS
Section 322 IPC defines voluntarily causing grievous hurt; the ordinary punishment was prescribed by Section 325 IPC: imprisonment of either description for up to seven years and liability to a fine, except in cases covered by Section 335 IPC.
Under the BNS, Section 117(1) states the definition and Section 117(2) generally prescribes imprisonment of either description for up to seven years and liability to a fine. Other subsections and separate offences can apply to aggravated facts, including more serious outcomes or dangerous means.
| Issue | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
|---|---|---|
| Definition of voluntarily causing grievous hurt | Section 322 | Section 117(1) |
| Definition of grievous hurt | Section 320 | Section 116 |
| Ordinary punishment | Section 325: up to seven years and fine | Section 117(2): up to seven years and fine |
| Duration in the eighth category | Twenty days | Fifteen days |
| General commencement | Earlier offences, subject to saving provisions | 1 July 2024 onward |
Distinction from related offences
Section 321 IPC concerns voluntarily causing hurt generally, while Section 322 addresses the more serious category of grievous hurt. Section 324 IPC and Section 326 IPC address specified dangerous weapons or means. Section 326A IPC addresses acid-related grievous injuries. The precise charge depends on the conduct, injury, means used and applicable law.
Medical and other evidence
Medical examination, imaging and dental records, treatment notes, the duration and severity of symptoms, witness accounts and evidence of the circumstances of the act may be important. Medical evidence about the injury does not, by itself, establish the accused's intention or knowledge; that element must be assessed from the full evidence.
Official legal references
- India Code - Indian Penal Code, 1860 (Sections 319, 320, 321, 322 and 325).
- India Code - Bharatiya Nyaya Sanhita, 2023 (Sections 114, 115, 116 and 117).
- Ministry of Home Affairs - criminal law notifications.
- Gazette of India - official enactments and notifications.
Frequently asked questions
What is Section 322 IPC?
Section 322 IPC defines voluntarily causing grievous hurt. The person must cause grievous hurt and intend, or know it is likely, that grievous hurt will result.
What is the corresponding provision in the BNS?
Section 117(1) of the Bharatiya Nyaya Sanhita, 2023 defines voluntarily causing grievous hurt; Section 117(2) generally provides the punishment.
Is Section 322 IPC itself a punishment provision?
No. Section 322 defines the offence. Section 325 IPC generally prescribes punishment, subject to provisions for aggravated forms of the offence.
Does the intended type of grievous hurt have to match the actual injury?
No. The statutory explanation includes cases where the offender intends or knows one kind of grievous hurt is likely but actually causes another kind.
Does every serious-looking injury qualify as grievous hurt?
No. The injury must meet a statutory category of grievous hurt, such as those specified in Section 320 IPC or Section 116 BNS.
What is the difference between the IPC and BNS duration criterion?
The eighth category under Section 320 IPC refers to twenty days of severe bodily pain or inability to follow ordinary pursuits; Section 116 BNS uses fifteen days for that limb.
Disclaimer: This is general legal information, not advice on any particular case. Statutory provisions, commencement dates, evidence and any exceptions should be considered together.