IPC Section 322
IPC Section 322 – Punishment for voluntarily causing grievous hurt
Text of Section 322 (in simple terms):
Whoever voluntarily causes grievous hurt shall be punished with imprisonment for up to 7 years, or fine, or both.
This section applies when the grievous hurt is not caused with the intention to murder or attempt to murder, because such acts are covered under Section 302 or 307.
Key Elements of Section 322
Voluntary Act:
The hurt must be voluntary, meaning the offender intended to cause hurt or knew it was likely to cause hurt.
Accidental injuries do not fall under this section.
Grievous Hurt (S.320 IPC):
Section 322 applies only to grievous hurt, which is defined in Section 320 IPC.
Examples of grievous hurt:
Emasculation (injuring reproductive organs)
Permanent loss of sight or hearing
Fracture or dislocation of bones
Serious burns or injuries causing lasting disfigurement
No intent to murder:
If the act is done with intent to murder, Section 302 (murder) or Section 307 (attempt to murder) applies.
Section 322 deals with lesser but serious injuries.
Punishment:
Imprisonment up to 7 years, or
Fine, or
Both, depending on the court’s discretion.
Example Scenarios
Scenario 1 – Assault causing fracture:
A person hits someone with a stick, causing a fracture.
If there was no intent to kill but serious injury occurred, Section 322 applies.
Scenario 2 – Severe burn:
Throwing acid or burning someone intentionally causing serious disfigurement falls under Section 322.
Scenario 3 – Minor injury:
Small scratches or bruises do not amount to grievous hurt.
Such cases may be dealt with under Section 323 IPC (voluntarily causing hurt).
Key Points to Remember
Voluntary action + grievous hurt = Section 322.
Distinguish from Sections 320, 323, 324, 325, and 307 IPC:
Section 320 defines what counts as grievous hurt.
Section 323 deals with simple hurt.
Section 324 deals with voluntarily causing hurt using a dangerous weapon.
Section 325 deals with punishment for grievous hurt.
Section 307 deals with attempt to murder.
Purpose: To punish acts causing serious injuries without intent to kill.
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