Hurt
Hurt
319.  Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
     Explanation.— A person is said to cause hurt if he causes another person to be unconscious.
[51/2007]
[Indian PC 1860, s. 319]
Grievous hurt
320.  The following kinds of hurt only are designated as “grievous”:
(a)emasculation;
(aa)death;
(b)permanent privation of the sight of either eye;
(c)permanent privation of the hearing of either ear;
(d)privation of any member or joint;
(e)destruction or permanent impairing of the powers of any member or joint;
(f)permanent disfiguration of the head or face;
(g)fracture or dislocation of a bone;
(h)any hurt which endangers life, or which causes the sufferer to be, during the space of 20 days, in severe bodily pain, or unable to follow his ordinary pursuits;
(i)penetration of the vagina or anus, as the case may be, of a person without that person’s consent, which causes severe bodily pain.
[51/2007]
[Indian PC 1860, s. 320]
Voluntarily causing hurt
321.  Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.
[Indian PC 1860, s. 321]
Voluntarily causing grievous hurt
322.  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.
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 20 days. A has voluntarily caused grievous hurt.
[Indian PC 1860, s. 322]
Punishment for voluntarily causing hurt
323.  Whoever, except in the case provided for by section 323A or 334, voluntarily causes hurt, shall be punished with imprisonment for a term which may extend to 3 years, or with fine which may extend to $5,000, or with both.
[51/2007]
[Indian PC 1860, s. 323]
[Act 15 of 2019 wef 01/01/2020]
Punishment for voluntarily causing hurt which causes grievous hurt
323A.  Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is not grievous, but the hurt which he actually causes is grievous, shall be punished with imprisonment for a term which may extend to 5 years, or with fine which may extend to $10,000, or with both.
Illustration
     At a club, A notices one of A’s friends fighting with Z. A runs towards Z and punches Z in the face intending or knowing himself to be likely to cause minor injuries to Z’s face. Z loses his balance, falls and hits his head against a ledge. Z suffers from severe brain injuries and is permanently paralysed. A did not intend to cause grievous hurt but A’s action has actually caused grievous hurt to Z.
[Act 15 of 2019 wef 01/01/2020]
Voluntarily causing hurt by dangerous weapons or means
324.  Whoever, except in the case provided for by section 334, voluntarily causes 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 harmful 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 a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments.
[62/73; 51/2007]
[Indian PC 1860, s. 324]
[Act 15 of 2019 wef 01/01/2020]
Punishment for voluntarily causing grievous hurt
325.  Whoever, except in the case provided for by section 323A, 334A or 335, voluntarily causes grievous hurt, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[62/73; 51/2007]
[Indian PC 1860, s. 325]
[Act 15 of 2019 wef 01/01/2020]
Voluntarily causing grievous hurt by dangerous weapons or means
326.  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 harmful 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 for a term which may extend to 15 years, and shall also be liable to caning or if he is not sentenced to imprisonment for life, liable to fine.
[51/2007]
[Indian PC 1860, s. 326]
[Act 15 of 2019 wef 01/01/2020]
Voluntarily causing hurt to extort property or to constrain to an illegal act
327.  Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer, or any person interested in such sufferer, to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[Indian PC 1860, s. 327]
Causing hurt by means of poison, etc., with intent to commit an offence
328.  Whoever administers to, or causes to be taken by, any person any poison or any stupefying or intoxicating substance, or any substance which is harmful to the human body to inhale, swallow or receive into the blood, with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[51/2007]
[Indian PC 1860, s. 328]
[Act 15 of 2019 wef 01/01/2020]
Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act
329.  Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer, or any person interested in such sufferer, to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for life, or imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[Indian PC 1860, s. 329]
Voluntarily causing hurt to extort confession or to compel restoration of property
330.  Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine or to caning.
[51/2007]
Illustrations
     (a)  A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.
     (b)  A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.
     (c)  A, a customs officer, tortures Z in order to compel him to confess to a pretended offence against the customs laws. A is guilty of an offence under this section.
[Indian PC 1860, s. 330]
Voluntarily causing grievous hurt to extort confession or to compel restoration of property
331.  Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[62/73]
[Indian PC 1860, s. 331]
Voluntarily causing hurt to deter public servant from his duty
332.  Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine or to caning, provided that in exceptional circumstances imprisonment need not be imposed.
[62/73; 51/2007]
[Indian PC 1860, s. 332]
[Act 15 of 2019 wef 01/01/2020]
Voluntarily causing grievous hurt to deter public servant from his duty
333.  Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or i consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning.
[62/73; 51/2007]
[Indian PC 1860, s. 333]
Voluntarily causing hurt on provocation
334.  Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both.
[51/2007]
[Indian PC 1860, s. 334]
[Act 15 of 2019 wef 01/01/2020]
Punishment for voluntarily causing hurt on provocation which causes grievous hurt
334A.  Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation and if the hurt which he intends to cause or knows himself to be likely to cause is not grievous, but the hurt which he actually causes is grievous, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $7,500, or with both.
[Act 15 of 2019 wef 01/01/2020]
Causing grievous hurt on provocation
335.  Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment for a term which may extend to 6 years, or with fine which may extend to $10,000, or with both.
[51/2007]
     Explanation.— Sections 334 and 335 are subject to the same provisos as exception 1 of section 300.
[Indian PC 1860, s. 335]
Allowing neglect, physical or sexual abuse of domestic worker or vulnerable person
335A.—(1)  A person (A) shall be guilty of an offence if —
(a)a domestic worker (B) suffers neglect, hurt, grievous hurt, sexual abuse or any injury to B’s mental health as a result of the unlawful act of another person (C);
(b)A knew or had reason to believe that B was at risk of such neglect, hurt, grievous hurt, sexual abuse or injury caused by C;
(c)A was at the time of the risk mentioned in paragraph (b) the employer of B, a member of B’s employer’s household or an employment agent of B;
(d)A failed to take such steps as A could reasonably have been expected to take in A’s circumstances to protect B from the risk mentioned in paragraph (b); and
(e)the act occurred in circumstances of the kind that A foresaw or ought to have foreseen.
(2)  A person (A) shall be guilty of an offence if —
(a)a vulnerable person (B) suffers neglect, hurt, grievous hurt, sexual abuse or any injury to B’s mental health as a result of the unlawful act of another person (C);
(b)A knew or had reason to believe that B was at risk of neglect, hurt, grievous hurt, sexual abuse or injury caused by C;
(c)A had, at the time of the risk mentioned in paragraph (b), the custody, charge or care of B;
(d)A failed to take such steps as A could reasonably have been expected to take in A’s circumstances to protect B from the risk mentioned in paragraph (b); and
(e)the act occurred in circumstances of the kind that A foresaw or ought to have foreseen.
(3)  For the purposes of this section, “unlawful act”, other than an act by A, is one that constitutes an offence that causes neglect, hurt, grievous hurt or sexual abuse to B or injury to B’s mental health or would constitute such an offence but for being the act of —
(a)a person below the age specified in section 82;
(b)a person of the age specified in section 83 who had not attained sufficient maturity of understanding to judge of the nature and consequence of the act;
(c)a person entitled to rely on a defence of unsoundness of mind;
(d)a person entitled to rely on a defence of intoxication; or
(e)a person entitled to rely on a defence of mistake of fact.
(4)  A’s circumstances mentioned in subsections (1)(d) and (2)(d), include but is not limited to A’s past or present experiences of suffering neglect, hurt, grievous hurt, sexual abuse or any injury to A’s mental health as a result of an unlawful act by C.
(5)  Any person who is guilty of an offence under subsection (1) or (2) shall on conviction —
(a)in the case where death is caused to the domestic worker or vulnerable person, be punished with imprisonment for a term which may extend to 7 years, or with fine which may extend to $20,000, or with both; and
(b)in any other case, be punished with imprisonment for a term which may extend to 4 years, or with fine which may extend to $4,000, or with both.
(6)  In this section —
“domestic worker”, “employer”, “employment agent” and “member of the employer’s household” have the meanings given by section 73(4);
“neglect” has the meaning given by section 304B(2);
“sexual abuse” means abuse caused to a victim by the commission of a sexual offence within the meaning of section 2(1) of the Criminal Procedure Code;
“vulnerable person” has the meaning given by section 74A(5).
[Act 15 of 2019 wef 01/01/2020]
Punishment for act which endangers life or personal safety of others with knowledge or belief that it is likely to cause death
335B.  Whoever does any act, that endangers human life or the personal safety of others, knowing or believing that such act is likely to cause death, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[Act 15 of 2019 wef 01/01/2020]
Punishment for act which endangers life or the personal safety of others
336.  Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —
(a)in the case of a rash act, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both; or
(b)in the case of a negligent act, with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both.
[51/2007]
[Indian PC 1860, s. 336]
Causing hurt by an act which endangers life or the personal safety of others
337.  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 —
(a)in the case of a rash act, with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both; or
(b)in the case of a negligent act, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both.
[51/2007]
[Indian PC 1860, s. 337]
Causing grievous hurt by an act which endangers life or the personal safety of others
338.  Whoever causes grievous 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 —
(a)in the case of a rash act, with imprisonment for a term which may extend to 4 years, or with fine which may extend to $10,000, or with both; or
(b)in the case of a negligent act, with imprisonment for a term which may extend to 2 years, or with fine which may extend to $5,000, or with both.
[51/2007]
[Indian PC 1860, s. 338]