Section 326 IPC: Voluntarily Causing Grievous Hurt by Dangerous Weapons or Means
Section 326 of the Indian Penal Code, 1860, addresses voluntarily causing grievous hurt using specified dangerous weapons or means. Its corresponding provision in the Bharatiya Nyaya Sanhita, 2023, is Section 118(2). The punishment and the precise ingredients of the offence are explained below.
Section 326 IPC: Original statutory provision
326. 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.
The text above preserves the substantive original statutory provision in the uploaded webpage. The reference to Section 335 IPC concerns grievous hurt on grave and sudden provocation, subject to its statutory conditions.
Corresponding provision: Section 118(2) BNS
Section 118(2) of the Bharatiya Nyaya Sanhita, 2023 punishes voluntarily causing grievous hurt by the dangerous weapons or means specified in Section 118. It provides imprisonment for life, or imprisonment of either description for a term not less than one year and extending to ten years, and liability to fine. The statutory exception relating to grave and sudden provocation is addressed through the corresponding BNS provisions.
Important change: The IPC provision allowed imprisonment up to ten years as an alternative to life imprisonment without expressly prescribing a one-year minimum. BNS Section 118(2) expressly prescribes a minimum of one year for the term-imprisonment alternative.
Essential ingredients of the offence
- Actual grievous hurt: The injury must fall within a statutory category of grievous hurt, not merely ordinary bodily pain.
- Voluntary causation: The accused must have caused the injury with the intention or knowledge required for voluntarily causing grievous hurt.
- Specified dangerous means: The injury must have been caused using a weapon or means covered by the provision.
- Proof of causation: The evidence must connect the accused person's conduct and the alleged dangerous means to the injury.
- Applicable exception: The statutory provisions concerning grave and sudden provocation, if raised on the facts, must be considered.
Which weapons or means are covered?
- Instruments for shooting, stabbing or cutting.
- Other instruments which, when used as weapons of offence, are likely to cause death.
- Fire or a heated substance.
- Poison or a corrosive substance.
- Explosive substances.
- Substances harmful to the human body when inhaled, swallowed or introduced into the blood.
- Use of an animal as a means of causing injury.
Whether an ordinary object qualifies as a dangerous weapon can depend on the way it was used, its nature and the circumstances. The mere presence of a weapon does not dispense with proof of grievous hurt and the other ingredients.
What is grievous hurt?
Section 320 IPC lists eight kinds of grievous hurt, including emasculation, permanent loss of sight or hearing, loss or permanent impairment of a member or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, and specified life-endangering or prolonged injuries. Section 116 BNS contains the corresponding definition, with a notable change to the prolonged-pain or inability-to-follow-ordinary-pursuits period: 20 days in the IPC and 15 days in the BNS.
IPC Section 326 and BNS Section 118(2): Comparison
| Point | IPC Section 326 | BNS Section 118(2) |
|---|---|---|
| Offence | Voluntarily causing grievous hurt by dangerous weapons or means | Corresponding offence under current criminal law |
| Maximum punishment | Life imprisonment, or imprisonment up to 10 years | Life imprisonment, or imprisonment for 1 to 10 years |
| Minimum term for alternative imprisonment | No express minimum in Section 326 | One year |
| Fine | Liable to fine | Liable to fine |
| Definition of grievous hurt | Section 320 IPC | Section 116 BNS |
| General application | Conduct governed by the earlier IPC regime | Conduct governed by BNS from 1 July 2024 |
Related offences and distinctions
Section 324 IPC concerns voluntarily causing hurt by dangerous means, whereas Section 326 IPC requires grievous hurt. Section 325 IPC provides the general punishment for voluntarily causing grievous hurt without the specific dangerous-means element. Section 326A IPC separately addresses specified acid-attack injuries. Under the BNS, Section 118(1) addresses hurt by dangerous means, and Section 118(2) addresses grievous hurt by dangerous means.
Medical evidence and investigation
Medical examination reports, X-rays and other diagnostic imaging, treatment records, testimony, forensic findings and the recovery or identification of a weapon may be relevant. A medical opinion is important, but the court assesses whether the established facts satisfy the statutory definition and mental element. The prosecution must prove the offence beyond reasonable doubt.
Frequently asked questions
What is Section 326 IPC?
Section 326 IPC punishes voluntarily causing grievous hurt by specified dangerous weapons or means, subject to its statutory exception.
What is the corresponding provision under BNS?
Section 118(2) of the Bharatiya Nyaya Sanhita, 2023, addresses voluntarily causing grievous hurt by dangerous weapons or means.
What is the punishment under IPC Section 326?
Imprisonment for life, or imprisonment of either description for up to ten years, and liability to fine.
What is the punishment under BNS Section 118(2)?
Imprisonment for life, or imprisonment of either description for not less than one year and up to ten years, and liability to fine.
Is an injury automatically grievous because a weapon was used?
No. The injury must satisfy a statutory category of grievous hurt, and the other elements of the offence must be proved.
Does Section 326 IPC apply to offences committed after 1 July 2024?
For offences committed from 1 July 2024, the BNS generally applies; the IPC remains relevant for earlier conduct, subject to savings and transitional rules.
Official legal references
- Bharatiya Nyaya Sanhita, 2023 - official India Code Act PDF (particularly Sections 116 and 118).
- India Code - official legislation portal (Indian Penal Code, 1860, and Bharatiya Nyaya Sanhita, 2023).
- Ministry of Home Affairs - official portal (commencement notifications and criminal-law updates).
Updated 30 October 2026. This article provides general legal information; applicable law depends on the date of the alleged offence, statutory savings, evidence and case-specific facts.