Section 329 IPC: Voluntarily Causing Grievous Hurt to Extort Property or Constrain an Illegal Act

Section 329 of the Indian Penal Code, 1860 punished voluntarily causing grievous hurt for the purpose of extorting property or valuable security, or compelling the sufferer or a person interested in the sufferer to do something illegal or something that may facilitate the commission of an offence.

Section 329 IPC - statutory rule

Essential ingredients of Section 329 IPC

• The accused must cause grievous hurt.
• The grievous hurt must be caused voluntarily within the meaning of the IPC.
• The purpose must be to extort property or valuable security from the sufferer or a person interested in the sufferer; or
• the purpose must be to constrain such person to do something illegal or something that may facilitate the commission of an offence.

The grievous nature of the injury and the specific coercive purpose are both material to the offence.

Meaning of grievous hurt under Section 320 IPC

Section 320 IPC designated eight categories of hurt as grievous: emasculation; permanent privation of sight of either eye; permanent privation 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 which endangers life or causes the sufferer, for twenty days, to be in severe bodily pain or unable to follow ordinary pursuits.

Therefore, ordinary hurt is not sufficient for Section 329. The injury must satisfy the statutory definition of grievous hurt.

Voluntarily causing grievous hurt - Section 322 IPC

Section 322 IPC provided that a person voluntarily causes grievous hurt where the person voluntarily causes hurt, the hurt intended or known to be likely is grievous, and the hurt actually caused is grievous. Its explanation also covered a situation where the kind of grievous hurt actually caused differs from the kind intended or known to be likely.

Meaning of valuable security - Section 30 IPC

Section 30 IPC defined "valuable security" as a document which is, or purports to be, a document whereby a legal right is created, extended, transferred, restricted, extinguished or released, or whereby a person acknowledges legal liability or the absence of a certain legal right. Section 329 therefore extends beyond coercion aimed merely at obtaining physical property.

Meaning of illegal - Section 43 IPC

Section 43 IPC provided that "illegal" applies to everything which is an offence, which is prohibited by law, or which furnishes ground for a civil action. It also provided that a person is legally bound to do whatever it is illegal in that person to omit.

Punishment and pre-BNSS CrPC classification

A cognizable offence permits police action in accordance with the CrPC without the warrant requirement applicable to a non-cognizable offence. A non-bailable classification does not mean that bail is legally impossible; bail is governed by the statutory rules applicable to non-bailable offences.

Section 327 and Section 329 IPC - difference

Section 327 IPC dealt with voluntarily causing hurt for the specified coercive purposes. Section 329 dealt with voluntarily causing grievous hurt for those purposes. Because grievous hurt is a specifically defined and more serious category of injury, Section 329 carried the possibility of imprisonment for life and was triable by the Court of Session under the pre-BNSS First Schedule.

Section 329 and Sections 330-331 IPC

The object of the coercion distinguishes these provisions. Section 330 IPC dealt with hurt caused to extort a confession or information, or to compel restoration of property or satisfaction of a claim or demand. Section 331 IPC addressed grievous hurt for those purposes. Section 329 instead addressed the coercive purposes specifically stated in its own text.

Historical amendment to punishment

The original expression "transportation for life" in Section 329 was replaced by "imprisonment for life" by Act 26 of 1955, with effect from 1 January 1956. The updated pre-BNS statutory punishment was therefore imprisonment for life, or imprisonment of either description up to ten years, and fine.

Related IPC provisions

For connected provisions, see Indian Penal Code 1860 - sections and overview, Section 327 IPC - hurt to extort property, Section 328 IPC - hurt by poison or similar means, Section 330 IPC - hurt to extort confession and Section 331 IPC - grievous hurt to extort confession.

Legal information: This article describes the pre-BNS statutory framework for general information. Application to an individual case depends on the facts, evidence, date of the alleged offence and governing law.