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IPC 322

IPC Section 322 – Voluntarily Causing Grievous Hurt (Definition) | Bail, FIR & Free Legal Consultation
Section 322 · Indian Penal Code

IPC Section 322 – Voluntarily Causing Grievous Hurt (Definition)

Section 322 of the Indian Penal Code defines when a person is said to have "voluntarily caused grievous hurt" — namely, when they voluntarily cause hurt, where the hurt they intend or know they are likely to cause is grievous hurt (as defined under Section 320), and the hurt actually caused is, in fact, grievous. Section 322 does not itself prescribe punishment — that is separately provided under Section 325 (and the aggravated forms in Sections 326 onward).

Nature: Definitional Section (Punishment under Section 325)
Punishment (S.325): Up to 7 Years + Fine
Cognizable (S.325): Yes
Bailable (S.325): Yes
BNS 2023 equivalent: Section 117
⚡

Quick Answer: What Does Section 322 Mean?

In simple terms, Section 322 tells us when an act of "voluntarily causing hurt" (defined under Section 321) rises to the more serious level of "voluntarily causing grievous hurt." This happens when two conditions are both satisfied: the hurt the accused intended to cause, or knew they were likely to cause, must itself be "grievous hurt" as defined under Section 320 (the eight specific categories of serious injury such as fractures, loss of a limb, or permanent disfigurement), and the hurt actually caused must also, in fact, be grievous. If either of these conditions is missing — for example, if the accused only intended minor hurt but grievous hurt accidentally resulted, or if grievous hurt was intended but only minor hurt actually occurred — the offence does not meet the full definition under this section.

Requires both the intended/known-likely hurt AND the hurt actually caused to be "grievous"
"Grievous hurt" itself is separately defined under Section 320 (eight specific categories)
Punishment for this offence is prescribed under Section 325 (up to 7 years, plus fine)
Distinguished from Sections 326 onward, which cover more aggravated means or purposes

What is IPC Section 322?

IPC Section 322 falls within Chapter XVI of the Indian Penal Code ("Of Offences Affecting the Human Body"), within the sub-group dealing with hurt (Sections 319 to 338). This group is structured as a graduated ladder of definitions and punishments: Section 319 defines "hurt" generally (bodily pain, disease, or infirmity); Section 320 then defines "grievous hurt" as a specific, more serious subset of hurt, comprising eight enumerated categories such as emasculation, permanent loss of sight or hearing, loss of a limb or joint, permanent disfigurement of the face or head, fracture or dislocation of a bone or tooth, and any hurt that endangers life or causes severe bodily pain or incapacity for twenty days.

Section 321 defines "voluntarily causing hurt" — doing an act with the intention of causing hurt, or with knowledge that hurt is likely to result, and thereby actually causing hurt. Section 322 builds on this by defining "voluntarily causing grievous hurt": this occurs when the hurt intended or known to be likely is itself grievous (falling within one of Section 320's categories), and the hurt actually caused is also grievous. This dual requirement — matching both the mental element (intention/knowledge) and the actual result to the "grievous" standard — is what elevates simple hurt to grievous hurt for the purposes of criminal liability, with the actual punishment prescribed separately under Section 325.

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. Sections 322 and 325 IPC have been consolidated into a single Section 117 of the BNS, which retains the identical definition and the same base punishment of up to 7 years plus fine, while also adding a new provision addressing cases where the hurt causes permanent disability or a persistent vegetative state, carrying a substantially enhanced minimum sentence.

Related Punishment — Section 325

Punishment for Voluntarily Causing Grievous Hurt (S.325)Imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine
Nature of Offence (S.325)Cognizable — police can register an FIR and investigate without a warrant
Bailable / Non-Bailable (S.325)Bailable — bail is a matter of right
Compoundable (S.325)Compoundable — by the person to whom the hurt is caused, with the permission of the Court
Triable By (S.325)Any Magistrate
Related ProvisionsSection 319-321 (definitions of hurt), Section 320 (definition of grievous hurt), Section 326 (grievous hurt by dangerous weapons, carrying up to life imprisonment)

Key Ingredients / Essential Elements

1

Voluntary causation of hurt

The accused must have done an act with the intention of causing hurt, or with knowledge that hurt was likely to result, consistent with Section 321's definition of "voluntarily causing hurt."

2

The intended or known-likely hurt must be "grievous"

The hurt the accused intended to cause, or knew was likely to result, must itself fall within one of the eight categories of grievous hurt defined under Section 320.

3

The hurt actually caused must also be "grievous"

It is not sufficient that grievous hurt was merely intended or foreseen — the actual, resulting hurt must also meet the Section 320 definition.

4

The specific kind of grievous hurt need not match

Per the explanation to Section 322, if the accused intended or knew of a likelihood of causing one kind of grievous hurt (e.g., fracture) but actually caused another kind (e.g., permanent disfigurement), the offence is still made out, so long as both fall within the general category of "grievous hurt."

Important / Landmark Cases on Section 322

Supreme Court of India

Usha Chakraborty v. State of West Bengal (2023)

While primarily addressing the requirements of Section 323 IPC (punishment for simple voluntarily caused hurt), the Supreme Court's analysis of the ingredients of "voluntarily causing hurt" — causation of hurt, that it was voluntary, and that no exception applies — provides the analytical foundation that courts extend to Section 322 when the hurt in question is grievous rather than simple.

Principle relied on: Establishing "voluntary" causation of hurt (whether simple or grievous) requires proof of intention or knowledge on the part of the accused that hurt of the relevant severity was likely to result from their act.
General Judicial Interpretation

Application of the "Different Kind" Explanation

Courts interpreting Section 322's explanation have applied the principle that an accused who intends or foresees one specific category of grievous hurt (for instance, a fracture) but actually causes a different category (for instance, permanent disfigurement) is still liable under this section, since both fall within the general umbrella of "grievous hurt" defined in Section 320.

Principle relied on: The explanation to Section 322 ensures that an accused cannot escape liability for grievous hurt merely because the specific type of serious injury caused differs from what was originally intended or anticipated.

Frequently Asked Questions on Section 322

What exactly does IPC Section 322 define?+
It defines when a person is said to "voluntarily cause grievous hurt" — requiring both the intended/known-likely hurt and the actual hurt caused to be "grievous" as defined under Section 320.
Does Section 322 itself prescribe a punishment?+
No, Section 322 is a purely definitional section; punishment is prescribed under Section 325.
Is the offence under Section 325 (voluntarily causing grievous hurt) bailable?+
Yes, it is bailable.
Can the case be settled directly under Section 325?+
Yes, it is compoundable by the person to whom the hurt is caused, with the court's permission.
What if I intended one kind of grievous hurt but caused another kind?+
The explanation to Section 322 clarifies that this is still sufficient for liability, so long as both the intended/foreseen and actual harm fall within the general category of "grievous hurt."
What is the difference between Section 321 and Section 322?+
Section 321 defines "voluntarily causing hurt" generally; Section 322 applies the same voluntary framework specifically where both the intended/known-likely and actual hurt are grievous.
What is the difference between Section 322 and Section 326?+
Section 322 (with punishment under Section 325) covers the base offence of voluntarily causing grievous hurt; Section 326 addresses the aggravated circumstance where such hurt is caused using dangerous weapons or means, carrying a much higher punishment of up to life imprisonment.
Which court tries a case under Section 325?+
Any Magistrate.
What should I do if I'm accused under this provision?+
Consult a criminal lawyer to assess whether the hurt caused (and the intended/known-likely hurt) genuinely meets the "grievous" threshold under Section 320, and to explore bail and compounding options.
Is Section 322 IPC still valid after the BNS came into force?+
IPC Sections 322/325 continue for offences before 1 July 2024; after that, Section 117 BNS applies with the same definition and base punishment, plus a new enhanced provision for permanent disability cases.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Please verify current provisions with a qualified advocate before taking any action.
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