Indian criminal law | IPC and BNS

Section 338 IPC: Causing Grievous Hurt by an Act Endangering Life or Personal Safety

Section 338 of the Indian Penal Code, 1860 deals with grievous hurt caused by rash or negligent conduct endangering human life or personal safety. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 125(b), which prescribes revised penalties.

Original statutory text of Section 338 IPC

The statutory wording from the original webpage is retained above. The provision addresses serious injury arising from rashness or negligence rather than an intentional assault. Whether particular conduct meets the criminal standard depends on the evidence and circumstances.

Essential ingredients of the offence

• An act by the accused: The prosecution must identify the relevant conduct.
• Rashness or negligence: The conduct must be sufficiently rash or negligent to endanger human life or the personal safety of others; a mere error of judgment does not necessarily establish criminal culpability.
• Grievous hurt: Another person must actually suffer an injury falling within the statutory definition of grievous hurt.
• Causal connection: The grievous hurt must result from the accused's rash or negligent act.
• Proof: Medical records, eyewitness accounts, technical reports, photographs, accident reconstruction and other evidence may be relevant according to the case.

Relevant statutory definitions

Hurt: Section 319 IPC defines hurt as causing bodily pain, disease or infirmity. The corresponding provision is Section 114 BNS.

Grievous hurt: Section 320 IPC identifies eight classes of grievous hurt, including emasculation; permanent privation of sight or hearing; privation or permanent impairment 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 the statutory period. Section 116 BNS sets out the corresponding definition. The precise classification depends on medical and legal evidence.

Rashness and negligence: These terms are assessed under established criminal-law principles. Criminal rashness involves undertaking a dangerous act with awareness of the risk and without adequate precautions; criminal negligence involves a sufficiently serious departure from the care required in the circumstances. The applicable legal threshold must be proved, not assumed from the outcome alone.

Punishment under IPC Section 338 and BNS Section 125(b)

Under Section 338 IPC, punishment may extend to two years' imprisonment, or Rs. 1,000 fine, or both. Under Section 125(b) BNS, the maximum imprisonment is three years and the maximum fine is Rs. 10,000, or both. These are statutory maxima, not automatic sentences.

Current provision: Section 125 BNS

Section 125 BNS addresses rash or negligent acts endangering life or personal safety and distinguishes cases according to the consequences. The opening provision addresses endangerment without requiring injury, Section 125(a) addresses resulting hurt, and Section 125(b) addresses resulting grievous hurt. Accordingly, the correct corresponding provision for IPC Section 338 is BNS Section 125(b).

Difference between Sections 336, 337 and 338 IPC

Section 336 IPC punishes rash or negligent conduct that endangers human life or personal safety even if no injury occurs. Section 337 IPC requires hurt. Section 338 IPC requires grievous hurt. The severity and legal classification of injury are therefore central to selecting the applicable provision.

Practical illustrations

Illustration 1: A driver allegedly operates a vehicle with criminal rashness and causes a collision resulting in a fracture. Subject to proof of rashness, causation and grievous hurt, the facts may attract Section 338 IPC or Section 125(b) BNS depending on when the conduct occurred.

Illustration 2: A person disregards essential safety precautions while operating hazardous machinery, and another person suffers an injury falling within the definition of grievous hurt. The provision may apply if the required criminal negligence and causation are established.

Illustration 3: A person suffers a minor bruise from a rash act. Where the injury is only hurt and not grievous hurt, Section 337 IPC or Section 125(a) BNS may be relevant instead.

Evidence and legal considerations

The nature of the injury should be assessed against the statutory categories of grievous hurt, with medical records and expert testimony where necessary. The prosecution must also establish the relevant act, the requisite criminal rashness or negligence, and the causal link to the injury. Road-traffic, workplace and other incidents may involve additional special legislation depending on the facts. Procedural questions, including classification and bail, should be checked under the law applicable to the particular case.

Official legal sources

• India Code: Indian Penal Code, 1860 (Sections 319, 320 and 336 to 338).
• India Code: Bharatiya Nyaya Sanhita, 2023 (official Act PDF) (Sections 114, 116 and 125).
• Gazette of India: commencement notifications and statutory amendments.

Frequently asked questions

Disclaimer: This article is for general legal information and does not replace advice on the facts of a particular case. Consult the operative legislation, amendments and relevant judicial decisions before relying on it.