Indian criminal law | IPC and BNS
Section 322 IPC: Voluntarily Causing Grievous Hurt
The statutory definition, its mental and physical elements, original illustration, punishment, and corresponding provisions of the Bharatiya Nyaya Sanhita, 2023.
Original Section 322 IPC - statutory text
322. 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 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.
Essential ingredients and meaning
Section 322 IPC requires both the actual infliction of grievous hurt and the requisite intention or knowledge concerning grievous hurt. Merely intending a serious injury without actually causing grievous hurt does not establish this completed offence, although other offences may arise.
- Hurt: Section 319 IPC defines hurt as bodily pain, disease or infirmity.
- Grievous hurt: Section 320 IPC identifies eight specified classes of serious injury, including fractures, permanent loss of sight or hearing and certain prolonged severe pain or inability to pursue ordinary activities.
- Mental element: The accused must intend grievous hurt or know it is likely.
- Actual result: The act must cause an injury falling within the statutory definition of grievous hurt.
- Different kind of grievous hurt: The intended or anticipated kind need not be identical to the kind actually inflicted.
Punishment: Section 325 IPC and Section 117 BNS
Section 322 IPC is a definition, not the general punishment provision. Section 325 IPC generally punished voluntarily causing grievous hurt with imprisonment of either description for up to seven years and fine, except where another specific provision applied. Under the BNS, Section 117(1) defines the offence and Section 117(2) generally provides imprisonment of either description up to seven years and fine. Sections concerning dangerous weapons, acid attacks, or other aggravated conduct may prescribe different consequences.
IPC and BNS comparison
| Subject | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
|---|---|---|
| Definition of voluntarily causing grievous hurt | Section 322 | Section 117(1) |
| Meaning of grievous hurt | Section 320 | Section 116 |
| General punishment | Section 325: up to seven years and fine | Section 117(2): up to seven years and fine |
| Prolonged severe pain / inability to pursue ordinary activities | 20 days under Section 320, eighthly | 15 days under Section 116, eighthly |
| General applicability | Earlier offences, subject to saving provisions | Offences on or after 1 July 2024 |
Medical evidence and proof
Medical examination, radiology, injury reports, testimony, and surrounding circumstances may help determine whether the injury meets a specified category of grievous hurt and whether the accused intended or knew that such harm was likely. The nature of the weapon, location of the blow and severity of the attack can be relevant, but the statutory ingredients must be proved on the evidence.
Case law and citation retained from the original page
Ramkaran Mohton v. State, AIR 1958 Pat 452. This citation appeared in the original webpage and is retained for reference. The full judgment and its precise ratio should be checked before relying on it in legal proceedings.
Related legal provisions
For the distinction between ordinary and serious injury, see Section 319 IPC (hurt) and Section 320 IPC (grievous hurt). For the underlying voluntary act, see Section 321 IPC. The general punishment is addressed in Section 325 IPC.
Official legal references
- India Code - Indian Penal Code, 1860 (Sections 319-325)
- India Code - Bharatiya Nyaya Sanhita, 2023 (Sections 114-117)
- Ministry of Home Affairs - new criminal laws and notifications
- Gazette of India - commencement notifications
Frequently asked questions
What is voluntarily causing grievous hurt under Section 322 IPC?
A person must cause grievous hurt and intend, or know it likely, that grievous hurt will result.
What is the corresponding BNS provision?
Section 117(1) of the Bharatiya Nyaya Sanhita, 2023 defines voluntarily causing grievous hurt.
What is the punishment?
Section 325 IPC generally provided imprisonment up to seven years and fine; BNS Section 117(2) generally provides imprisonment up to seven years and fine. More serious circumstances may attract other provisions.
Does a different type of grievous injury satisfy the definition?
Yes. The explanation covers a case where one kind of grievous hurt is intended or known to be likely, but another kind is actually caused.
Is the 20-day criterion still applicable under BNS?
The IPC Section 320 eighth category used twenty days; BNS Section 116 eighth category uses fifteen days. The date of the alleged offence matters.
Note: This is general legal information, not an opinion on any individual case. The relevant statutory version depends on the date and circumstances of the alleged offence.