What is IPC Section 329?
IPC Section 329 sits in Chapter XVI of the Indian Penal Code, "Of Offences Affecting the Human Body," within the sub-group "Of Hurt" (Sections 319–338). It directly parallels Section 327, but substitutes "grievous hurt" — the more serious category of injuries specifically defined under Section 320, such as emasculation, permanent loss of sight or hearing, disfigurement of the face or head, fracture or dislocation of a bone, or any hurt that endangers life or causes severe, prolonged bodily pain — for the ordinary "hurt" that Section 327 addresses.
This escalated treatment reflects a combination of two aggravating factors working together: the severity of the injury itself (grievous, rather than simple, hurt), and the calculated, coercive purpose behind inflicting it (extortion or compelling illegal conduct, rather than spontaneous violence). Where these two factors combine, the Code imposes one of its most severe available punishments — life imprisonment — placing this offence on par with some of the Code's most serious violent crimes.
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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date.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 329 IPC now corresponds to Section 119 of the BNS, incorporated as a sub-section alongside its ordinary-hurt counterpart (formerly Section 327), retaining the same substantive scope and punishment.
Legal Provision — Text of Section 329 IPC
This provision must be read alongside Section 320 (definition of "grievous hurt"), Section 322 (definition of "voluntarily" causing grievous hurt), and Section 327 (the parallel provision addressing the same coercive purposes achieved through ordinary, rather than grievous, hurt).
Punishment Under Section 329
| Punishment | Imprisonment for life, or imprisonment of either description up to 10 years, and fine |
|---|---|
| Nature of Offence | Cognizable — police can register an FIR and investigate/arrest without prior court order |
| Bailable / Non-Bailable | Non-bailable — bail is not a matter of right and must be applied for before the court |
| Compoundable | Non-compoundable |
| Triable By | Court of Session |
The availability of life imprisonment as a sentencing option — rather than a fixed maximum term — reflects the exceptional seriousness the law attaches to combining grievous injury with a calculated extortion or coercion motive, and the wide discretion the sentencing court has in fitting the punishment to the gravity of the injury and the surrounding circumstances.
Key Ingredients / Essential Elements
Voluntarily causing grievous hurt
The accused must have voluntarily caused grievous hurt, as defined under Sections 320 and 322 — a more serious category than ordinary hurt.
Purpose of extorting property or a valuable security
Alternatively, the grievous hurt must have been caused with the specific purpose of extorting property or a valuable security from the sufferer, or from someone interested in the sufferer.
Purpose of constraining an illegal act, or one facilitating an offence
Alternatively, the grievous hurt must have been caused with the purpose of compelling the sufferer, or someone interested in them, to do something illegal, or something that may facilitate the commission of an offence.
What Should You Do — For Victims and For the Accused
If You Suffered Grievous Hurt Inflicted for Extortion or Coercion
- Seek urgent medical attention, and ensure the treating hospital fully documents the nature and severity of the injuries, since establishing "grievous hurt" often depends on precise medical evidence.
- Document the specific coercive demand made — the property or valuable security sought, or the illegal act you were being pressured to perform.
- File an FIR immediately, since the offence is cognizable and serious.
- Engage a criminal lawyer promptly, given the exceptional seriousness of this offence and the likely need for expert medical testimony.
If You Are Accused Under Section 329
- Consult a criminal lawyer immediately, given the offence is non-bailable and carries the possibility of life imprisonment.
- Gather medical evidence if the injury does not genuinely meet the threshold for "grievous hurt" under Section 320.
- Gather evidence if the injury was not caused for any coercive purpose — for example, if it arose from an unrelated altercation.
- Apply for anticipatory or regular bail through the Sessions Court, since bail is not automatic.
How Section 329 Relates to Neighbouring Provisions
- Section 320 defines "grievous hurt" — the specific, serious categories of injury this section requires.
- Section 325 punishes ordinary voluntarily causing grievous hurt — up to 7 years — without any specific coercive purpose.
- Section 327 is the parallel, lesser provision covering the same coercive purposes (extortion or compelling illegal conduct) achieved through ordinary hurt.
- Section 329 (this section) covers the same coercive purposes achieved specifically through grievous hurt, carrying the most severe punishment among this cluster.
- Section 331 addresses the closely related but distinct offence of causing grievous hurt specifically to extort a confession or compel restoration of property.