IPC Section 322 - Voluntarily Causing Grievous Hurt

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".

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Non-bailable, Cognizable

Official Text

“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".”

Legal Analysis

Elements to Prove:

  • The accused voluntarily caused hurt.
  • They intended or knew grievous hurt was likely.
  • The hurt actually caused was grievous.
  • The grievous hurt was not accidental.

Potential Defenses:

  • The accused had no intention to cause grievous hurt.
  • No grievous hurt was caused.
  • The accused was acting in self-defense.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person intentionally breaking someone's bones, or knowingly causing permanent disfigurement.

What Doesn't Constitute:

A person accidentally causing serious injury, or causing minor harm.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized that this section requires both intention and actual causation of grievous hurt.

Punishment

This is a definitional section. Punishment is provided in Section 325.

Related Information

Connected Sections:

This section defines voluntarily causing grievous hurt. It is followed by Section 325 (Punishment for grievous hurt).

Procedural Aspects:

Prosecution requires proof of intention and causation of grievous hurt. The case is triable by a Court of Session.

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