IPC Section 388 - Voluntarily Causing Grievous Hurt to Deter Public Servant from His Duty

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 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 of either description 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 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 of either description 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 victim was a public servant.
  • The public servant was discharging their duty, or
  • The intent was to prevent or deter duty discharge, or
  • The grievous hurt was in consequence of lawful duty discharge.
  • All elements of grievous hurt were present.

Potential Defenses:

  • No grievous hurt was voluntarily caused.
  • The victim was not a public servant.
  • The public servant was not discharging duty.
  • The accused was acting in self-defense.

Practical Examples

What Constitutes the Offense:

A person causing permanent injury to a police officer on duty, or breaking bones to prevent government work.

What Doesn't Constitute:

A person acting in self-defense against excessive force, or accidentally causing serious harm.

Important Case Laws

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

The Supreme Court emphasized the enhanced punishment for causing grievous hurt to deter public servants.

Punishment

Up to 10 years and Fine

Related Information

Connected Sections:

This section provides enhanced punishment for causing grievous hurt to public servants. It follows Section 332.

Procedural Aspects:

Prosecution requires proof of public servant status and grievous hurt. The case is triable by a Court of Session.

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