IPC Sections 323 to 348: Hurt, Grievous Hurt, Wrongful Restraint and Wrongful Confinement
This article explains the Indian Penal Code, 1860 provisions on voluntarily causing hurt and grievous hurt, dangerous weapons or means, hurt for extortion or confession, acts endangering life, wrongful restraint and wrongful confinement. It states the legal position applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.
Key legal definitions under the IPC
Section 319 - Hurt
A person causes "hurt" when the person causes bodily pain, disease or infirmity to another person.
Section 320 - Grievous hurt
Only the statutorily listed kinds of hurt are "grievous": emasculation; permanent loss of sight of either eye; permanent loss of hearing of either ear; privation of a member or joint; destruction or permanent impairment of the powers of a member or joint; permanent disfiguration of the head or face; fracture or dislocation of a bone or tooth; and hurt endangering life or causing twenty days of severe bodily pain or inability to follow ordinary pursuits.
Sections 321 and 322 - Voluntary hurt
Section 321 defines voluntarily causing hurt by reference to intention or knowledge and actual causation of hurt. Section 322 similarly addresses voluntarily causing grievous hurt and requires the statutory mental element relating to grievous hurt together with grievous hurt actually caused.
Sections 339 and 340 - Restraint and confinement
Wrongful restraint under Section 339 concerns voluntarily obstructing a person so as to prevent that person from proceeding in a direction in which the person has a right to proceed, subject to the statutory exception. Wrongful confinement under Section 340 is wrongful restraint within circumscribed limits so as to prevent proceeding beyond those limits.
IPC Sections 323-338 and 341-348: punishment and CrPC classification
The following table summarizes the IPC punishment and the procedural classification under the First Schedule to the Code of Criminal Procedure, 1973 as applicable immediately before 1 July 2024. "Up to" indicates the statutory maximum unless otherwise stated.
| IPC section | Offence | Punishment | Cognizability | Bail | Court |
|---|---|---|---|---|---|
| Section 323 | Voluntarily causing hurt | Up to 1 year, or fine up to Rs. 1,000, or both | Non-cognizable | Bailable | Any Magistrate |
| Section 324 | Voluntarily causing hurt by dangerous weapons or means | Up to 3 years, or fine, or both | Cognizable | Bailable | Any Magistrate |
| Section 325 | Voluntarily causing grievous hurt | Up to 7 years and fine | Cognizable | Bailable | Any Magistrate |
| Section 326 | Voluntarily causing grievous hurt by dangerous weapons or means | Imprisonment for life, or up to 10 years, and fine | Cognizable | Non-bailable | Magistrate of the first class |
| Section 327 | Voluntarily causing hurt to extort property or valuable security, or to constrain an illegal act | Up to 10 years and fine | Cognizable | Non-bailable | Magistrate of the first class |
| Section 328 | Administering stupefying, intoxicating or unwholesome drug or other thing with intent to cause hurt or facilitate an offence | Up to 10 years and fine | Cognizable | Non-bailable | Court of Session |
| Section 329 | Voluntarily causing grievous hurt to extort property or valuable security, or to constrain an illegal act | Imprisonment for life, or up to 10 years, and fine | Cognizable | Non-bailable | Court of Session |
| Section 330 | Voluntarily causing hurt to extort confession or information, or compel restoration of property | Up to 7 years and fine | Cognizable | Bailable | Magistrate of the first class |
| Section 331 | Voluntarily causing grievous hurt to extort confession or information, or compel restoration of property | Up to 10 years and fine | Cognizable | Non-bailable | Court of Session |
| Section 332 | Voluntarily causing hurt to deter public servant from duty | Up to 3 years, or fine, or both | Cognizable | Non-bailable | Magistrate of the first class |
| Section 333 | Voluntarily causing grievous hurt to deter public servant from duty | Up to 10 years and fine | Cognizable | Non-bailable | Court of Session |
| Section 334 | Voluntarily causing hurt on grave and sudden provocation | Up to 1 month, or fine up to Rs. 500, or both | Non-cognizable | Bailable | Any Magistrate |
| Section 335 | Voluntarily causing grievous hurt on grave and sudden provocation | Up to 4 years, or fine up to Rs. 2,000, or both | Cognizable | Bailable | Magistrate of the first class |
| Section 336 | Act endangering life or personal safety of others | Up to 3 months, or fine up to Rs. 250, or both | Cognizable | Bailable | Any Magistrate |
| Section 337 | Causing hurt by act endangering life or personal safety of others | Up to 6 months, or fine up to Rs. 500, or both | Cognizable | Bailable | Any Magistrate |
| Section 338 | Causing grievous hurt by act endangering life or personal safety of others | Up to 2 years, or fine up to Rs. 1,000, or both | Cognizable | Bailable | Any Magistrate |
| Section 341 | Punishment for wrongful restraint | Simple imprisonment up to 1 month, or fine up to Rs. 500, or both | Cognizable | Bailable | Any Magistrate |
| Section 342 | Punishment for wrongful confinement | Up to 1 year, or fine up to Rs. 1,000, or both | Cognizable | Bailable | Any Magistrate |
| Section 343 | Wrongful confinement for three or more days | Up to 2 years, or fine, or both | Cognizable | Bailable | Any Magistrate |
| Section 344 | Wrongful confinement for ten or more days | Up to 3 years and fine | Cognizable | Bailable | Any Magistrate |
| Section 345 | Wrongful confinement of person for whose liberation a writ has been issued | Up to 2 years in addition to any other imprisonment | Cognizable | Bailable | Magistrate of the first class |
| Section 346 | Wrongful confinement in secret | Up to 2 years in addition to any other imprisonment | Cognizable | Bailable | Magistrate of the first class |
| Section 347 | Wrongful confinement to extort property or constrain an illegal act | Up to 3 years and fine | Cognizable | Bailable | Any Magistrate |
| Section 348 | Wrongful confinement to extort confession or information or compel restoration of property | Up to 3 years and fine | Cognizable | Bailable | Any Magistrate |
Note: Classification can be affected by special or local law and by the facts and charges in a particular case. This table is a general reference to the central IPC/CrPC position.
Sections 323 to 338: hurt and grievous hurt
IPC Section 323
Section 323 punished voluntarily causing hurt, except where Section 334 applied. It carried imprisonment up to one year, fine up to Rs. 1,000, or both.
IPC Section 324
Section 324 covered voluntarily causing hurt by specified dangerous weapons or means, including instruments for shooting, stabbing or cutting, fire, heated substances, poison, corrosive or explosive substances, harmful substances introduced into the body, and animals.
IPC Section 325
Section 325 punished voluntarily causing grievous hurt, except in the case provided by Section 335, with imprisonment up to seven years and fine.
IPC Section 326
Section 326 dealt with voluntarily causing grievous hurt by dangerous weapons or means. The punishment could extend to imprisonment for life, or imprisonment up to ten years, with fine.
IPC Section 327
Section 327 applied where hurt was voluntarily caused to extort property or valuable security, or to constrain a person to do something illegal or facilitating an offence.
IPC Section 328
Section 328 applied to administering or causing a person to take poison, a stupefying, intoxicating or unwholesome drug, or another thing with the specified intent to cause hurt, facilitate an offence, or knowing hurt was likely.
IPC Section 329
Section 329 was the aggravated grievous-hurt counterpart to Section 327 and could attract imprisonment for life or imprisonment up to ten years, with fine.
IPC Section 330
Section 330 covered hurt caused to extort a confession or information leading to detection of an offence or misconduct, or to compel restoration of property or satisfaction of a claim or demand.
IPC Section 331
Section 331 applied the corresponding rule where grievous hurt was caused for the purposes described in Section 330.
IPC Section 332
Section 332 covered voluntarily causing hurt to a public servant in discharge of duty, to prevent or deter the public servant or another public servant from duty, or in consequence of lawful acts done in discharge of duty.
IPC Section 333
Section 333 was the grievous-hurt counterpart to Section 332 and carried imprisonment up to ten years and fine.
IPC Section 334
Section 334 provided the lesser punishment for voluntarily causing hurt on grave and sudden provocation, subject to the statutory conditions concerning the person who gave the provocation.
IPC Section 335
Section 335 dealt with grievous hurt caused on grave and sudden provocation, again subject to the statutory limitation concerning the person who gave the provocation.
IPC Section 336
Section 336 punished a rash or negligent act that endangered human life or the personal safety of others.
IPC Section 337
Section 337 applied where such a rash or negligent act actually caused hurt to another person.
IPC Section 338
Section 338 applied where such a rash or negligent act caused grievous hurt to another person.
Sections 341 to 348: wrongful restraint and wrongful confinement
IPC Section 341
Section 341 prescribed punishment for wrongful restraint as defined by Section 339 IPC.
IPC Section 342
Section 342 prescribed punishment for wrongful confinement as defined by Section 340 IPC.
IPC Section 343
Section 343 aggravated wrongful confinement when it continued for three days or more.
IPC Section 344
Section 344 aggravated wrongful confinement when it continued for ten days or more.
IPC Section 345
Section 345 addressed continued wrongful confinement with knowledge that a writ for liberation of the confined person had been duly issued.
IPC Section 346
Section 346 imposed additional punishment where wrongful confinement was carried out in a manner indicating an intention that the confinement, place of confinement, or both should not be known to an interested person, public servant or court.
IPC Section 347
Section 347 covered wrongful confinement for extorting property or valuable security, or constraining a person to do an illegal act or provide information facilitating an offence.
IPC Section 348
Section 348 covered wrongful confinement for extorting a confession or information, or compelling restoration of property, satisfaction of a claim or demand, or information leading to restoration.
Official legal sources
For the statutory text and amendments, refer to India Code. For the commencement notification and official material on the new criminal laws, refer to the Ministry of Home Affairs - New Criminal Laws.