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.
IPC Section 338: Simplified Explanation
IPC Section 338 of the Indian Penal Code deals with the offence of “causing grievous hurt by act endangering life or personal safety of others.” This section applies when an individual causes grievous hurt to another person by acting rashly or negligently to endanger human life or the personal safety of others. Grievous hurt is defined under IPC Section 320 and includes severe injuries such as fractures, permanent disfigurement, or other serious harm.
Key elements of this section include:
- Rash or Negligent Act: The person must act rashly (reckless disregard for safety) or negligently (failure to exercise reasonable care).
- Causing Grievous Hurt: The act must result in grievous hurt, which involves severe injuries that significantly impact the victim’s health or capabilities.
Is IPC Section 338 Bailable?
IPC Section 338 is a bailable offence. Depending on the specifics of the case and the authorities’ discretion, individuals charged under this section can obtain bail from the police station or through the court.
IPC Section 338 Punishment
The Punishment under IPC Section 338 for causing grievous hurt by an act endangering life or personal safety includes:
- Imprisonment for a term that may extend to two years,
- Or with a fine that may extend to one thousand rupees,
- Or with both.
The Punishment reflects the serious nature of the injuries caused and the need to deter reckless or negligent behaviour that endangers others.
Example of IPC Section 338
A real-life example of IPC Section 338 occurred when a construction worker, ignoring safety protocols, operated a crane recklessly, causing it to collapse and injure another worker severely. The injured worker suffered multiple fractures and required extensive medical treatment. The negligent operator was charged under IPC Section 338 for causing grievous hurt by an act endangering life and personal safety. This case highlighted the critical importance of adhering to safety standards in hazardous environments and the legal consequences of failing.
