● Modified in BNS
Causing grievous hurt by a rash or negligent act that endangers life or personal safety carries up to 3 years' imprisonment under BNS Section 125(b), up from 2 years under IPC 338, with the fine ceiling also raised tenfold to Rs 10,000.
Section 338 IPC punished causing grievous hurt (as defined in Section 320 -- e.g. fracture, loss of a limb or sense, disfigurement, danger to life) by an act done so rashly or negligently as to endanger human life or personal safety, with imprisonment up to 2 years, or fine up to Rs 1,000, or both.
BNS Section 125(b), the grievous-hurt counterpart to clause (a), raises the maximum imprisonment from 2 to 3 years and the fine ceiling tenfold, from Rs 1,000 to Rs 10,000. It also feeds off BNS's slightly narrowed grievous-hurt definition (Section 116 shortens the qualifying period for certain injuries from 20 to 15 days).
Punishment tier raised on both axes -- imprisonment ceiling 2 to 3 years, fine ceiling Rs 1,000 to Rs 10,000 -- plus the structural merge into BNS 125 as a lettered clause instead of a standalone section.
Imprisonment of either description up to 3 years, or fine up to Rs 10,000 (up from Rs 1,000 under the IPC), or both..
IPC 338 is bailable..
This is a cognizable. offence.
Compoundable with the permission of the court, by the person to whom hurt is caused..
Matters under IPC 338 are tried before the Any Magistrate..
Common defences include absence of rashness or negligence, the injury not meeting the statutory threshold for grievous hurt, and the act being an unavoidable accident rather than a reckless or careless one.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons