IPC Section 329 - Voluntarily Causing Grievous Hurt to Extort Property, or to Constrain to Illegal Act

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 with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

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Non-bailable, Cognizable

Official Text

“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 with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.”

Legal Analysis

Elements to Prove:

  • The accused voluntarily caused grievous hurt.
  • The purpose was to extort property or valuable security, or
  • The purpose was to constrain to illegal acts.
  • The grievous hurt was intentional and not accidental.
  • All elements of grievous hurt were present.

Potential Defenses:

  • No grievous hurt was voluntarily caused.
  • No extortion or coercion was intended.
  • The accused was acting in self-defense.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person breaking someone's bones to extort money, or causing permanent injury to force illegal actions.

What Doesn't Constitute:

A person causing harm in self-defense, or accidentally causing serious injury.

Important Case Laws

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

The Supreme Court emphasized the severe punishment for causing grievous hurt with extortion or coercion motives.

Punishment

Imprisonment for Life, or Rigorous imprisonment up to 10 years and Fine

Related Information

Connected Sections:

This section provides severe punishment for causing grievous hurt with extortion motives. It follows Section 327.

Procedural Aspects:

Prosecution requires proof of extortion or coercion motive and grievous hurt. The case is triable by a Court of Session.

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