Section 338 IPC: Causing Grievous Hurt by Rash or Negligent Act

Section 338 of the Indian Penal Code, 1860 dealt with grievous hurt caused by a rash or negligent act that endangered human life or the personal safety of others. This article explains the provision as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.

Applicable-law note: The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. This page is intentionally focused on the IPC position applicable before that commencement date. For conduct governed by the new criminal law, refer to the applicable provisions of the BNS.

Text of Section 338 IPC

Causing grievous hurt by act endangering life or personal safety of others.

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.

Meaning and scope of Section 338 IPC

Section 338 applied where an accused person's rash or negligent act actually caused grievous hurt. The provision therefore required more than the creation of danger alone: the prohibited manner of acting and the resulting grievous injury had to be connected.

The section addressed rashness or negligence rather than the intentional infliction of grievous hurt. Offences involving voluntary or intentional grievous hurt were dealt with under other IPC provisions depending on the facts.

What is "hurt" under Section 319 IPC?

Section 319 IPC provided that a person causes "hurt" when bodily pain, disease or infirmity is caused to another person. Section 338, however, required the more serious result of grievous hurt.

What is "grievous hurt" under Section 320 IPC?

Section 320 IPC designated only specified kinds of hurt as grievous. They included:

Emasculation.
Permanent privation of the sight of either eye.
Permanent privation of the hearing of either ear.
Privation of any member or joint.
Destruction or permanent impairing of the powers of any member or joint.
Permanent disfiguration of the head or face.
Fracture or dislocation of a bone or tooth.
Hurt that endangers life, or causes the sufferer for twenty days to be in severe bodily pain or unable to follow ordinary pursuits.

Essential ingredients of an offence under Section 338 IPC

For Section 338 to apply, the prosecution was required to establish the material elements of the offence from the evidence. In substance, these were:

the accused did an act;
the act was done rashly or negligently;
the rashness or negligence was of a nature that endangered human life or the personal safety of others; and
the act caused grievous hurt to a person.

The existence of an injury by itself did not dispense with proof of the rash or negligent act and the causal connection between that act and the grievous hurt.

Punishment under Section 338 IPC

The punishment prescribed under Section 338 IPC was imprisonment of either description for a term which could extend to two years, or a fine which could extend to Rs. 1,000, or both.

Nature and classification of the offence

Provision	Section 338, Indian Penal Code, 1860
Offence	Causing grievous hurt by a rash or negligent act endangering human life or personal safety
Maximum punishment	Imprisonment up to 2 years, or fine up to Rs. 1,000, or both
Cognizability	Cognizable
Bail	Bailable
Trial	Triable by any Magistrate
Compounding	Compoundable by the person to whom hurt is caused, with permission of the Court

Section 336, Section 337 and Section 338 IPC: distinction

These provisions formed a progression based on the consequence of a rash or negligent act. Section 336 dealt with an act endangering life or personal safety without requiring proof of hurt. Section 337 applied where such an act caused hurt. Section 338 applied where the resulting injury amounted to grievous hurt within Section 320 IPC.

Rashness, negligence and causation

Section 338 was not attracted merely because an accident occurred or because grievous injury followed an act. The prosecution had to prove the legally relevant rashness or negligence and that the act caused the grievous hurt. Whether those requirements were satisfied depended on the facts, the nature of the conduct, medical evidence concerning the injury, and the causal link proved in the case.

Compounding of an offence under Section 338 IPC

Under the Code of Criminal Procedure, 1973, the offence under Section 338 IPC was compoundable by the person to whom hurt was caused, but only with the permission of the Court before which the prosecution was pending. Compounding and its legal effect were therefore subject to the statutory procedure and the Court's order.

Position after 1 July 2024

The Central Government appointed 1 July 2024 as the commencement date of the Bharatiya Nyaya Sanhita, 2023, subject to the notified exception concerning Section 106(2). This article preserves the legal position under Section 338 IPC immediately before implementation of the BNS and should not be read as a statement of the punishment or procedure governing later conduct.

Key point: Under the pre-BNS IPC framework, Section 338 concerned grievous hurt actually caused by a rash or negligent act endangering human life or personal safety. The seriousness of the injury had to meet Section 320 IPC, while rashness or negligence and causation remained essential parts of the offence.

This article is a general legal-information resource and is not a substitute for advice on the facts of a particular case.