Section 326 IPC: Voluntarily causing grievous hurt by dangerous weapons or means

Indian Penal Code, 1860

Section 326 IPC at a Glance

Section 326 IPC deals with voluntarily causing grievous hurt by dangerous weapons or means. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 118(2) BNS.

Punishment

Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 118(2) →

Section 326 IPC Bare Act Text

326. Voluntarily causing grievous hurt by dangerous weapons or means

Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Source: Section 326, Indian Penal Code, 1860

Section 326 IPC in Simple Words

Section 326 of the Indian Penal Code (IPC) punishes voluntarily causing grievous hurt by dangerous weapons or means, except in the case provided for by Section 335 IPC. The means are any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or fire or any heated substance, or any poison or any corrosive substance, or any explosive substance, or any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or any animal.

The punishment is imprisonment for life, or imprisonment of either description for up to ten years, and the offender is also liable to fine. The offence is cognizable and non-bailable, and it is triable by a Magistrate of the first class.

Ingredients of Section 326 IPC

  • The accused voluntarily caused grievous hurt as defined in Section 322 IPC
  • The grievous hurt was caused by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death
  • Or the grievous hurt was caused by means of fire or any heated substance, any poison or any corrosive substance, any explosive substance, any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or any animal
  • The case is not one provided for by Section 335 IPC, which covers grievous hurt caused on grave and sudden provocation

Punishment Under Section 326 IPC

Imprisonment

Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Fine

The offender is also liable to fine in addition to imprisonment.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Voluntarily causing grievous hurt by dangerous weapons or means under Section 326 IPC is punishable with imprisonment for life, or imprisonment of either description up to ten years, and the offender is also liable to fine. The offence is cognizable, non-bailable, triable by a Magistrate of the first class, and not compoundable.

Example of Section 326 IPC

In November 2020, near a timber yard in Coimbatore, Arvind quarrelled with Pradeep over a boundary wall. Without any grave and sudden provocation from Pradeep, Arvind drew a sharp meat cleaver and struck Pradeep on the left hand, intending to cause severe injury. The blow cut through the bone of the index finger and caused a compound fracture, which constitutes grievous hurt under Section 320 IPC. Because Arvind voluntarily caused grievous hurt by means of an instrument for cutting and the act did not fall under Section 335 IPC, Arvind is punishable under Section 326 IPC.

When Section 326 IPC Does Not Apply

  • Section 326 IPC does not apply when the injury caused by the dangerous weapon or substance is only simple hurt and not grievous hurt, as that offence falls under Section 324 IPC.
  • Section 326 IPC does not apply when grievous hurt is inflicted without using any of the weapons, instruments, or deleterious substances specified in the provision, in which case Section 325 IPC applies.
  • Section 326 IPC does not apply when the offender causes grievous hurt by dangerous means while acting on grave and sudden provocation, which is punishable under Section 335 IPC.
  • Section 326 IPC does not apply when the act is committed within the lawful bounds of the right of private defence under Sections 96 to 106 IPC.

Section 326 IPC in the BNS

Section 326 IPC is now covered under Section 118(2) BNS.

Section 326 IPC is succeeded by Section 118(2) BNS. Under the Bharatiya Nyaya Sanhita, hurt and grievous hurt by dangerous weapons are consolidated into Section 118(2) BNS. Rather than repeating the list of dangerous weapons, sub-section 2 incorporates them by referencing sub-section 1. Crucially, Section 118(2) BNS introduces a mandatory minimum sentence of one year imprisonment when life imprisonment is not awarded, prescribing a term between one year and ten years. The provocation exception refers to Section 122(2) BNS instead of Section 335 IPC.

View detailed comparison (IPC 326 vs BNS 118(2)) →

FAQs on Section 326 IPC

What offence is punished under Section 326 IPC?▼

Section 326 IPC punishes voluntarily causing grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or fire or any heated substance, or any poison or any corrosive substance, or any explosive substance, or any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or any animal.

What is the punishment prescribed under Section 326 IPC?▼

The punishment is imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and liability to fine.

Is Section 326 IPC bailable or non-bailable?▼

Section 326 IPC is non-bailable under the First Schedule to the CrPC, meaning bail cannot be claimed as a matter of right.

Is an offence under Section 326 IPC cognizable?▼

Yes, Section 326 IPC is a cognizable offence, empowering police officers to arrest without a warrant and investigate.

Which court tries an offence under Section 326 IPC?▼

Under the First Schedule to the CrPC, an offence under Section 326 IPC is triable by a Magistrate of the first class.

Can an offence under Section 326 IPC be compounded?▼

No, Section 326 IPC is not compoundable under Section 320 CrPC, so the parties cannot compound it.

How does Section 326 IPC differ from Section 325 IPC?▼

Section 325 IPC punishes grievous hurt caused without dangerous weapons and is bailable, whereas Section 326 IPC involves dangerous weapons and is non-bailable.

Where is Section 326 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 326 IPC is codified in Section 118(2) BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·