Section Overview
Section Number:
IPC Section 322
Section Title:
Voluntarily Causing Grievous Hurt
Act:
Indian Penal Code, 1860 (IPC)
Status:
Active (definition + basis section; continues under Bharatiya Nyaya Sanhita, 2023 framework)
Applicability:
IPC Section 322 applies when:
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A person voluntarily causes grievous hurt;
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The injury falls under definitions given in Section 320;
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The act is intentional or done with knowledge of likely grievous injury;
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It serves as foundation for punishment under Section 325 and related sections.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 322 ka simple matlab hai ki agar koi vyakti jaanbujhkar kisi ko bahut serious chot (grievous hurt) deta hai, to usko voluntarily causing grievous hurt kehte hain.
Simple words mein:
"Jaanbujhkar serious injury dena grievous hurt hota hai."
Legal Definition (Original Law Text)
IPC Section 322 states:
Whoever voluntarily causes grievous hurt, if the act by which it is caused is such as would cause hurt, and it is done voluntarily, shall be said to cause grievous hurt.
Practical Interpretation
Courts consider:
Intention
Accused intended to cause harm or knew it could cause serious injury.
Nature of Injury
Injury must fall under Section 320 (grievous hurt definition).
Voluntary Act
Act must not be accidental.
Result
Serious bodily damage such as fracture, disfigurement, or permanent injury occurs.
Meaning of Grievous Hurt (Link to Section 320)
Grievous hurt includes:
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Fractures or dislocations
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Permanent loss of vision or hearing
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Severe disfigurement
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Life-threatening injuries
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Long-term incapacity
Why IPC Section 322 Was Introduced?
The legislature intended to:
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Define intentional grievous injury;
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Separate it from simple hurt (Section 321);
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Create foundation for punishment provisions;
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Ensure clarity in serious assault cases.
Importance of the Provision
IPC Section 322:
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Classifies serious bodily harm;
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Supports sentencing under Section 325;
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Helps courts determine severity of violence;
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Strengthens criminal injury framework.
Difference Between Section 321 and Section 322
Section 321
Voluntarily causing simple hurt.
Section 322
Voluntarily causing grievous hurt.
👉 Difference is based on severity of injury.
Punishment & Legal Classification
Punishment
Section 322 itself:
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Does NOT prescribe punishment.
Punishment is provided under:
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Section 325 – Punishment for grievous hurt
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Section 326 – Aggravated grievous hurt
Bailable / Non-Bailable
Not applicable (definition section)
Cognizable / Non-Cognizable
Not applicable
Compoundable
Not applicable
Triable By
Depends on punishment section (usually Magistrate or Sessions Court depending on offence severity)
IPC ↔ BNS Mapping
IPC Section
IPC Section 322
BNS Equivalent
Similar concept of “voluntarily causing grievous hurt” continues under Bharatiya Nyaya Sanhita, 2023.
Status
Concept retained.
Real-Life Examples
Example 1: Fracture During Assault
A person intentionally hits another causing bone fracture.
→ Section 322 applies.
Example 2: Acid Attack Injury
A chemical attack causes permanent facial disfigurement.
→ Grievous hurt under Section 322.
Example 3: Severe Beating
Repeated assault leads to long-term disability.
→ Voluntarily causing grievous hurt.
Landmark Judgments
Case Name:
State of Karnataka v. Shivalingappa
Court:
Supreme Court of India
Key Takeaway:
Grievous hurt must be proved through medical and factual evidence.
Case Name:
R v. Govinda (principle cases)
Court:
High Court
Key Takeaway:
Severity of injury determines classification under grievous hurt sections.
Case Name:
Jagdish v. State of Rajasthan
Court:
Supreme Court of India
Key Takeaway:
Intention and medical evidence are crucial in grievous hurt cases.
Legal Insights
When Is This Section Applied?
IPC Section 322 is applied when:
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Serious bodily injury occurs;
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Injury is intentional or voluntary;
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Medical evidence confirms grievous hurt;
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Case is escalated to punishment sections.
Common Misuse Scenarios
Minor Injury Misclassified
Simple hurt wrongly treated as grievous hurt.
Lack of Medical Proof
Absence of proper medical certification.
Accidental Injury
Unintentional harm wrongly prosecuted.
Defenses Available
Lack of Intention
No intent to cause grievous injury.
Medical Evidence Dispute
Injury not medically classified as grievous.
Accident
Harm occurred unintentionally.
Self-Defence
Act was necessary for protection.