Section 338 IPC: Causing grievous hurt by act endangering life or personal safety of others

Indian Penal Code, 1860

Section 338 IPC at a Glance

Section 338 IPC deals with causing grievous hurt by act endangering life or personal safety of others. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 125(b) BNS.

Punishment

Imprisonment of either description for a term which may extend to two years, or fine, or both.

Bailable ⓘCognizable ⓘCompoundable (with court permission) ⓘ🏛️ Any Magistrate ⓘ

BNS Equivalent

Section 125(b) →

Section 338 IPC Bare Act Text

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.

Source: Section 338, Indian Penal Code, 1860

Section 338 IPC in Simple Words

Section 338 of the Indian Penal Code (IPC) punishes causing grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others.

The punishment is 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.

The offence is cognizable, bailable, triable by any Magistrate, and compoundable under Section 320(2) CrPC with the permission of the court by the person to whom the hurt is caused.

Ingredients of Section 338 IPC

The accused did an act
The act was done rashly or negligently
The act was done so rashly or negligently as to endanger human life, or the personal safety of others
The act caused grievous hurt to another person

Punishment Under Section 338 IPC

Imprisonment

Imprisonment of either description for a term which may extend to two years, or fine, or both.

Fine

Fine which may extend to one thousand rupees, alone or with imprisonment.

Bailable ⓘCognizable ⓘCompoundable (with court permission) ⓘ🏛️ Any Magistrate ⓘ

Causing grievous hurt by an act endangering life or the personal safety of others is punishable with imprisonment of either description for up to two years, or with fine of up to one thousand rupees, or with both.

Example of Section 338 IPC

In March 2019, while repairing an air conditioner on a third-floor balcony above a busy market footpath in Coimbatore, Karthik tossed a heavy iron compressor over the parapet without checking the pavement below or warning passersby. The falling compressor struck Meena, who was walking past the shopfront, fracturing her collarbone and permanently blinding her left eye. By hurling heavy machinery onto an active walkway without precautions, Karthik did an act so rashly or negligently as to endanger human life or the personal safety of others, and thereby caused grievous hurt to Meena. Karthik is punishable under Section 338 IPC.

When Section 338 IPC Does Not Apply

Section 338 IPC does not apply when the injury suffered by the victim is only simple hurt and does not amount to grievous hurt.
Section 338 IPC does not apply when the person acted with due care and caution rather than rashly or negligently.
Section 338 IPC does not apply when the act was not dangerous enough to threaten human life or the personal safety of others.
Section 338 IPC does not apply when the grievous hurt resulted from an independent event rather than from any act done by the accused.

Section 338 IPC in the BNS

Section 338 IPC is now covered under Section 125(b) BNS.

Section 338 IPC is succeeded by clause b of Section 125 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 BNS, and the maximum fine increases from one thousand rupees to ten thousand rupees. The substantive ingredients of the offence remain unchanged.

View detailed comparison (IPC 338 vs BNS 125(b)) →

FAQs on Section 338 IPC

What offence does Section 338 IPC punish?▼

Section 338 IPC punishes causing grievous hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others.

What punishment is prescribed under Section 338 IPC?▼

Section 338 IPC prescribes 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.

Is Section 338 IPC cognizable or non-cognizable?▼

Under the First Schedule to the CrPC, Section 338 IPC is a cognizable offence.

Is Section 338 IPC bailable?▼

Yes, Section 338 IPC is classified as bailable under the First Schedule to the CrPC.

Which court tries an offence under Section 338 IPC?▼

Under the First Schedule to the CrPC, an offence under Section 338 IPC is triable by any Magistrate.

Can an offence under Section 338 IPC be compounded?▼

Yes, an offence under Section 338 IPC is compoundable under Section 320(2) CrPC with the permission of the court by the person to whom the hurt is caused.

How does Section 338 IPC differ from Section 337 IPC?▼

Section 337 IPC applies where an endangering act causes simple hurt and carries up to six months imprisonment, whereas Section 338 IPC applies when the injury amounts to grievous hurt and carries up to two years imprisonment.

What is the equivalent provision for Section 338 IPC in the Bharatiya Nyaya Sanhita?▼

Section 338 IPC corresponds to clause b of Section 125 BNS, which increases the maximum imprisonment to three years and the maximum fine to ten thousand rupees.

Have questions about Section 338 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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 ·