Section 337 IPC: Causing Hurt by an Act Endangering Life or Personal Safety
Section 337 of the Indian Penal Code, 1860, concerns causing actual hurt through a rash or negligent act that endangers human life or another person's safety. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS), is Section 125(a).
Original statutory text: Section 337 IPC
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.
The section requires an injury amounting to hurt as well as a rash or negligent act that endangers life or personal safety. It is distinct from a provision addressing danger without injury.
Current corresponding law: Section 125(a) BNS
Section 125 BNS addresses rash or negligent acts endangering human life or personal safety. Its opening part concerns the dangerous act itself, while clause (a) addresses a case in which hurt is caused by such an act. Section 125(a) provides imprisonment of either description for up to six months, or a fine up to Rs. 5,000, or both.
Where grievous hurt results, the separate aggravated provision in Section 125(b) BNS should be considered. The correct charge depends on the nature of the injury and the evidence of rashness or negligence.
Essential ingredients of Section 337 IPC
- Act by the accused: An identifiable act or conduct attributable to the accused must be proved.
- Rashness or negligence: The conduct must amount to criminal rashness or negligence, not merely an unfortunate outcome.
- Endangerment: The act must be so rash or negligent as to endanger human life or the personal safety of others.
- Actual hurt: Another person must suffer bodily pain, disease or infirmity within the statutory meaning of hurt.
- Causation: The hurt must result from the rash or negligent act. The link between the conduct and injury is material.
Definitions and legal principles
Meaning of hurt
Section 319 IPC defines hurt as causing bodily pain, disease or infirmity to any person. The BNS defines hurt in Section 114. A minor injury can constitute hurt, but the prosecution must still prove the remaining ingredients of the offence.
Rashness and negligence
Rashness commonly involves consciously taking an unjustifiable risk with disregard for its consequences. Criminal negligence involves a sufficiently serious failure to exercise the care required in the circumstances. The criminal threshold is more demanding than simply showing that an accident happened or that civil negligence might be alleged.
Grievous hurt
Section 320 IPC and Section 116 BNS specify categories of grievous hurt, such as fractures and other serious injuries. Where such injury is caused by a rash or negligent act, Section 338 IPC or BNS Section 125(b), as applicable, may be relevant.
Punishment: IPC Section 337 and BNS Section 125(a)
| Issue | Section 337 IPC | Section 125(a) BNS |
|---|---|---|
| Offence | Hurt by a rash or negligent act endangering life or safety | Corresponding hurt-causing offence |
| Maximum imprisonment | Six months, either description | Six months, either description |
| Maximum fine | Rs. 500 | Rs. 5,000 |
| Sentencing alternatives | Imprisonment, fine, or both | Imprisonment, fine, or both |
| General period | Earlier conduct, subject to savings | Conduct from 1 July 2024, generally |
The maximum penalty is not an automatic sentence. Courts assess the proved facts and the applicable law.
Practical examples
- Unsafe operation of equipment: A person operates machinery in a dangerously careless manner and injures another person. Section 337 may apply if the required elements are established.
- Dangerous construction activity: Negligently allowing building material to fall into an occupied public area causes bodily pain to a passer-by. The act, injury and causal link must be proved.
- Road incident: Rash or negligent driving results in a non-grievous injury. Depending on the facts, Section 337 or the corresponding BNS provision and any relevant special traffic law may be examined.
These are illustrative situations only. Criminal liability cannot be presumed from the occurrence of an accident.
Difference between Sections 336, 337 and 338 IPC
| IPC provision | Result of rash or negligent act | Corresponding BNS provision |
|---|---|---|
| Section 336 IPC | Danger to life or personal safety; injury not required | Section 125 (opening part) |
| Section 337 IPC | Hurt actually caused | Section 125(a) |
| Section 338 IPC | Grievous hurt actually caused | Section 125(b) |
Evidence relevant to an allegation
Medical records, injury certificates, witness statements, CCTV footage, site inspections, equipment records and expert assessments may be relevant. The evidence must establish the injury, the conduct amounting to rashness or negligence, and the connection between them. Applicable procedural classification and bail questions should be checked under the law governing the particular case.
Frequently asked questions
What is Section 337 IPC?
It penalises causing hurt to a person by a rash or negligent act that endangers human life or the personal safety of others.
What is the punishment under IPC Section 337?
Imprisonment of either description up to six months, or a fine up to Rs. 500, or both.
What is the corresponding provision in the BNS?
Section 125(a) of the Bharatiya Nyaya Sanhita, 2023, covers causing hurt by a rash or negligent act endangering human life or personal safety.
What is the punishment under BNS Section 125(a)?
Imprisonment of either description up to six months, or a fine up to Rs. 5,000, or both.
How is Section 337 different from Section 336 IPC?
Section 336 deals with a rash or negligent act endangering life or safety without requiring actual hurt. Section 337 additionally requires hurt caused by the act.
How does Section 338 IPC differ?
Section 338 IPC requires grievous hurt rather than ordinary hurt; its corresponding BNS provision is Section 125(b).
Is every accident an offence under Section 337?
No. The prosecution must establish a rash or negligent act of the requisite character, resulting hurt, and a causal link. An accident alone does not establish criminal liability.
Which law applies to an incident before 1 July 2024?
The IPC can remain relevant to offences committed before 1 July 2024, subject to applicable savings and transitional provisions; the BNS generally applies to later conduct.
Official legal references
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 114, 116 and 125).
- India Code - Government of India (Indian Penal Code, 1860, including Sections 319 and 336-338).
- Ministry of Home Affairs (official commencement notifications and criminal-law updates).
Updated 30 October 2026. General legal information only; the facts, date of conduct and applicable legislation determine the legal position.