IPC 338→BNS 125(b)

IPC 338 to BNS 125(b): Causing grievous hurt by act endangering life or personal safety of others

Section 338 IPC (1860) replaced by Section 125(b) BNS (2023)

View IPC Section 338 →View BNS Section 125(b) →

IPC 338 to BNS 125(b) at a Glance

Section 338 IPC (Causing grievous hurt by act endangering life or personal safety of others) is now Section 125(b) BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 338 to BNS 125(b)?

Section 338 IPC is succeeded by clause b of Section 125(b) BNS. Under the Bharatiya Nyaya Sanhita, Section 125(b) BNS brings together endangering acts without hurt, with hurt under clause a, and with grievous hurt under clause b. The maximum imprisonment for causing grievous hurt by an endangering act rises from two years under Section 338 IPC to three years under clause b of Section 125(b) BNS, and the maximum fine increases from one thousand rupees to ten thousand rupees. The substantive ingredients of the offence remain unchanged.

IPC 338 vs BNS 125(b): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section338125(b)
OffenceCausing grievous hurt by act endangering life or personal safety of othersSame
PunishmentImprisonment of either description for a term which may extend to two years, or fine, or both.Imprisonment of either description for a term which may extend to two years under the Indian Penal Code; imprisonment of either description for a term which may extend to three years under the Bharatiya Nyaya Sanhita.
FineFine which may extend to one thousand rupees, alone or with imprisonment.Fine which may extend to one thousand rupees under the Indian Penal Code, or ten thousand rupees under the Bharatiya Nyaya Sanhita.
BailBailableSame
CognizanceCognizableSame
CompoundableCompoundableSame
Triable ByAny MagistrateSame

IPC 338 and BNS 125(b): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 338, IPC 1860

338. Causing grievous hurt by act endangering life or personal safety of others.—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 with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
BNS 2023 (in force)

Section 125(b), BNS 2023

Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two thousand five hundred rupees, or with both, but— (a) where hurt is caused, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both; (b) where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.

Ingredients: IPC 338 vs BNS 125(b)

Under IPC 338
  1. The accused did an act
  2. The act was done rashly or negligently
  3. The act was done so rashly or negligently as to endanger human life, or the personal safety of others
  4. The act caused grievous hurt to another person
Under BNS 125(b)
  1. Doing any act rashly or negligently so as to endanger human life or the personal safety of others
  2. Causing grievous hurt to any person as a consequence of that endangering act

What IPC 338 to BNS 125(b) Means for Pending Cases

For Section 338 IPC (now Section 125(b) BNS): the core ingredients remain unchanged, while clause b of Section 125 BNS increases the maximum imprisonment from two years to three years and raises the maximum fine from one thousand rupees to ten thousand rupees. A prosecution for conduct committed after the new code took effect cites clause b of Section 125 BNS and exposes the offender to the enhanced term and fine. The offence remains cognizable, bailable, triable by any Magistrate, and compoundable with court permission by the person hurt.

FAQs: IPC 338 to BNS 125(b)

What changed from Section 338 IPC to clause b of Section 125 BNS?▼

The maximum imprisonment has been increased from two years under Section 338 IPC to three years under clause b of Section 125 BNS, and the maximum fine has been raised from one thousand rupees to ten thousand rupees. The substantive ingredients are unchanged.

Where is Section 338 IPC located in the Bharatiya Nyaya Sanhita?▼

In clause b of Section 125 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of hurt.

Does Section 338 IPC or Section 125(b) BNS apply to an act done before 1 July 2024?▼

Section 338 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 338 IPC. Section 125(b) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·