Section 322 IPC: Voluntarily causing grievous hurt
Indian Penal Code, 1860
Section 322 IPC at a Glance
Section 322 IPC deals with voluntarily causing grievous hurt. From 1 July 2024 it is replaced by Section 117(1) BNS.
Section 322 IPC is a definition and does not prescribe punishment. Penalties for voluntarily causing grievous hurt are prescribed in Section 325 and Section 326 IPC.
Section 322 IPC Bare Act Text
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”.
ExplanationA person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
IllustrationA, intending or knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently disfigure Z's face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.
Source: Section 322, Indian Penal Code, 1860
Section 322 IPC in Simple Words
Section 322 of the Indian Penal Code (IPC) defines voluntarily causing grievous hurt. It requires that the offender intended or knew himself to be likely to cause grievous hurt, and that the hurt actually caused was grievous hurt.
The Explanation establishes that intending one kind of grievous hurt and causing another kind satisfies the definition. Section 322 IPC is definitional; punishment is provided under Section 325 and Section 326 IPC.
Ingredients of Section 322 IPC
- The accused voluntarily caused hurt
- The hurt intended or known to be likely was grievous hurt
- The hurt actually caused was grievous hurt
- A person who intends grievous hurt of one kind and causes grievous hurt of another kind satisfies the section
Punishment Under Section 322 IPC
Section 322 IPC is a definition and does not prescribe punishment. Penalties for voluntarily causing grievous hurt are prescribed in Section 325 and Section 326 IPC.
No fine is prescribed in this definition section.
Voluntarily causing grievous hurt requires both causing grievous hurt and intending or knowing that grievous hurt was likely. It is a definition with no entry in the First Schedule to the CrPC, and punishing provisions include Section 325 and Section 326 IPC.
Example of Section 322 IPC
When Section 322 IPC Does Not Apply
- Section 322 IPC does not apply when the offender intended or knew himself likely to cause only simple hurt, even if grievous hurt unexpectedly resulted.
- The definition is not satisfied if the offender intended to cause grievous hurt, but the victim suffered only simple hurt.
- Grievous hurt resulting from a pure accident without any intention or knowledge of causing grievous hurt falls outside Section 322 IPC.
- Where grievous hurt is caused by a rash or negligent act without the intention or knowledge of likelihood required for voluntary hurt, Section 322 IPC is inapplicable.
Section 322 IPC in the BNS
Section 322 IPC is now covered under Section 117(1) BNS.
Section 322 IPC is succeeded by Section 117(1) BNS. The definition is enacted as sub-section 1 of Section 117 BNS, while punishment is placed directly in sub-section 2. In the illustration, the period of severe bodily pain is updated from twenty days to fifteen days to match Section 116 BNS.
View detailed comparison (IPC 322 vs BNS 117(1)) →FAQs on Section 322 IPC
What does Section 322 IPC define?▼
Section 322 IPC defines what constitutes voluntarily causing grievous hurt under criminal law.
What are the essential elements of Section 322 IPC?▼
The section requires that the accused voluntarily caused hurt, that the hurt intended or known to be likely was grievous hurt, and that the hurt actually caused was grievous hurt.
What does the Explanation to Section 322 IPC clarify?▼
It clarifies that an offender is guilty if, intending or knowing himself likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
What punishment is prescribed under Section 322 IPC?▼
Section 322 IPC is a definition and prescribes no penalty. Punishment is enacted under Section 325 and Section 326 IPC.
Is an offence defined under Section 322 IPC bailable?▼
Section 322 IPC carries no bail classification because it is a definition. Bail is determined by the penal section charged; Section 325 IPC is bailable, while Section 326 IPC is non-bailable.
Which court tries an offence defined under Section 322 IPC?▼
Jurisdiction is determined by the penal charge; under Section 325 IPC the case is triable by any Magistrate, while under Section 326 IPC it is triable by a Magistrate of the first class.
Can an offence under Section 322 IPC be compounded?▼
Compounding applies to the penal provision; voluntarily causing grievous hurt under Section 325 IPC is compoundable with the permission of the court under Section 320(2) CrPC.
Where is Section 322 IPC located in the Bharatiya Nyaya Sanhita?▼
It is located in Section 117(1) BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·