What is IPC Section 319?
IPC Section 319 defines "hurt" — the foundational concept for Chapter XVI's sub-head "Of Hurt," which runs from Section 319 to Section 338. Everything from a minor slap during a scuffle to grave injuries just short of death is analysed through this framework: is it "hurt" (Section 319) or the more serious "grievous hurt" (Section 320, a separate provision listing eight specific categories of serious injury such as loss of sight, hearing, or a limb)? And was it caused voluntarily — with intention or knowledge that hurt was likely (Section 321 for hurt, and the corresponding provision for grievous hurt)?
Section 319 itself carries no independent penalty. The actual offences are: Section 321 (voluntarily causing hurt — definitional) with its punishment in Section 323 (up to 1 year, discussed on our dedicated Section 323 page); Section 324 (hurt by dangerous weapons or means, up to 3 years); Section 325 (grievous hurt, up to 7 years) and Section 326 (grievous hurt by dangerous weapons, up to life imprisonment); and Section 334/335 (lighter punishment where hurt is caused on grave and sudden provocation).
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 319 IPC now corresponds to Section 114 of the BNS, with the definition retained word-for-word — "whoever causes bodily pain, disease or infirmity to any person is said to cause hurt." The surrounding scheme has also been renumbered: voluntarily causing hurt (IPC 321) is now BNS 115(1), its punishment (IPC 323) is now BNS 115(2), grievous hurt (IPC 320) is now BNS 116, and its punishment (IPC 325) is now BNS 117 — which also reduces the qualifying period for severe pain or inability to follow ordinary pursuits from 20 days to 15 days. FIRs registered before 1 July 2024 continue under IPC 319; incidents after that date are registered under BNS Section 114.
Legal Provision — Text of Section 319 IPC
The definition has three independent limbs, any one of which is sufficient: bodily pain (physical suffering, however brief or minor), disease (including transmitting an illness to another person), and infirmity (a temporary or permanent impairment of an organ's normal function, or a state of weakness). Notably, the pain contemplated must be physical — purely mental or emotional distress, without any physical component, does not amount to "hurt" under this section.
How Hurt Is Punished — Sections 321 to 338
Section 319 only defines the conduct; the punishment depends on which specific provision the facts fall under. The most commonly invoked provisions are summarised below.
| Section 321 — Voluntarily causing hurt (definition) | Whoever does an act intending to cause hurt, or knowing it is likely to cause hurt, and thereby causes hurt, is said to voluntarily cause hurt. No independent punishment — see Section 323. |
|---|---|
| Section 323 — Punishment for voluntarily causing hurt | Up to 1 year, or fine up to ₹1,000, or both. (See our dedicated Section 323 page for full details.) |
| Section 324 — Voluntarily causing hurt by dangerous weapons or means | Up to 3 years, or fine, or both — where a weapon, fire, poison, or similar dangerous means is used. |
| Section 320 — Grievous hurt (definition) | A separate, narrower definition listing eight specific categories of serious injury — such as emasculation, permanent loss of sight or hearing, loss of a limb or joint, or hurt endangering life. No independent punishment — see Section 325. |
| Section 325 / 326 — Punishment for grievous hurt | Up to 7 years (ordinary means) or up to life imprisonment/10 years (by dangerous weapons or means). |
| Section 334 / 335 — Hurt/grievous hurt on grave and sudden provocation | Lighter punishment (up to 1 month / 4 years respectively) where the hurt is caused on grave and sudden provocation, without premeditation. |
Key Ingredients / Essential Elements
Bodily pain
Any physical suffering caused to another person, however brief, minor, or mark-free — the law asks whether pain was caused, not whether a visible injury resulted.
Disease
Causing or transmitting an illness or medical condition to another person, even one that is not itself life-threatening.
Infirmity
A temporary or permanent impairment of an organ's normal function, or a resulting state of physical weakness.
Physical, not purely mental, harm
The pain, disease, or infirmity must have a physical dimension — purely emotional or psychological distress, without any bodily component, falls outside Section 319's definition.
What Should You Do — For Complainants and For the Accused
If You Have Suffered Hurt
- Seek medical attention and obtain a medical record documenting the pain, disease, or infirmity, even where no visible injury exists.
- Identify the correct downstream provision — simple hurt (Section 323), hurt by a dangerous weapon (Section 324), or grievous hurt (Section 325/326) — since this determines the applicable process and punishment.
- File a police complaint or approach the jurisdictional Magistrate depending on the specific offence involved.
If You're Accused of Causing Hurt
- Check which specific provision has actually been invoked against you, since bail, cognizability, and compounding vary significantly depending on the section (e.g., Section 323 is bailable and compoundable; Section 326 is non-bailable).
- Gather evidence relevant to self-defence or the actual sequence of events, and whether a weapon or dangerous means was genuinely involved.
- Consider whether the facts fit the lighter provocation-based provisions (Section 334/335) if the hurt arose from grave and sudden provocation.
Complaint & Process Under Section 319
Identifying the Applicable Provision
Since Section 319 only defines "hurt," the first step is identifying which specific downstream section — 323, 324, 325, 326, 334, or 335 — actually applies to the facts.
Medical Documentation
A medical examination and record are typically obtained to document the bodily pain, disease, or infirmity, and to help determine whether the injury rises to the level of "grievous hurt."
Filing the Complaint
Depending on the specific provision, this may be a police FIR (for cognizable offences like Section 325/326) or a private complaint before a Magistrate.
Bail & Trial
Bail eligibility and trial procedure follow the specific downstream provision invoked, not Section 319 itself.
Important / Landmark Cases on Section 319
Ranganayakamma v. State of Andhra Pradesh (1967)
The court held that even in the absence of a visible injury, causing bodily pain to another person is sufficient to constitute "hurt" under Section 319 — there is no requirement that the injury be marked, lasting, or medically documented in every case, only that pain was in fact caused.
Purely Mental Pain Falls Outside Section 319
Courts have consistently distinguished "hurt" under Section 319 — which requires a physical dimension to the pain, disease, or infirmity — from purely mental or emotional distress, which is not covered by this section, however genuinely felt, unless it also produces bodily pain or a physical infirmity.