Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”.
Explanations
- A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
Illustrations
- A, intending of knowing himself to be likely permanently to disfigure Z’ face, gives Z a blow which does not permanently disfigure Z’ face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.
IPC Section 322: Simplified Explanation
IPC Section 322 of the Indian Penal Code defines the offence of “voluntarily causing grievous hurt.” This section is applied when a person intentionally causes an injury that falls under the definition of grievous hurt as outlined in IPC Section 320. The intention or knowledge that the inflicted hurt would be grievous is crucial for this charge.
Key elements of this section include:
- Intent or Knowledge: The person must have the intention or knowledge that their actions will likely cause grievous hurt as defined in IPC Section 320.
- Act of Causing Grievous Hurt: The actions result in one of the specific types of injuries listed under the grievous hurt category, such as permanent privation of the sight of an eye, serious disfigurement, or any other severe injury significantly affecting the health.
Is IPC Section 322 Bailable?
IPC Section 322 is generally a non-bailable offence due to the injuries’ severity. Individuals accused under this section must appear before a court to seek bail.
IPC Section 322 Punishment
The Punishment under IPC Section 322 for voluntarily causing grievous hurt includes:
- Imprisonment for up to ten years,
- It may also include a fine.
The exact duration of the sentence is determined based on the severity of the injury, the circumstances under which the act was committed, and other relevant factors.
Example of IPC Section 322
A real-life example of IPC Section 322 involved a case where two individuals got into a violent altercation at a construction site. One of the individuals struck the other with a heavy tool, causing the victim to suffer a fractured skull—a condition listed under grievous hurt due to the potential for long-term impairment. The attacker was charged under IPC Section 322 for voluntarily causing grievous hurt, reflecting the intent to inflict a severe injury and the resultant significant harm. The legal proceedings focused on the deliberate nature of the act and its consequences on the victim’s health.
