Voluntarily causing grievous hurt
Section 322 of the Indian Penal Code, 1860 deals with voluntarily causing grievous hurt. Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt". The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt".
Explanation.-A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
Illustration
A, intending of knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently disfigure Z's face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.
Section 322, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 117 Voluntarily causing grievous hurt Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Md. Sayed Ali vs Firoja Begum& ORS.
Court's Decision & Legal Precedent
An appeal against a judgment of acquittal passed by a Judicial Magistrate must be filed in the Sessions Court, which is the appellate court for convictions from Judicial Magistrate Courts, as per the proviso to Section 322 IPC. The High Court does not have jurisdiction to entertain such appeals directly.
On this section: Governs appeals against judgments of acquittal; specifies that appeal shall lie to the same court where an appeal lies against an order of conviction
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 322
What have the courts held on Section 322 of the Indian Penal Code?
Md. Sayed Ali vs Firoja Begum& ORS. (21 Jan 2013) is the leading judgment on this section among those set out below: Governs appeals against judgments of acquittal; specifies that appeal shall lie to the same court where an appeal lies against an order of conviction.
How do I find court cases under Section 322 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 322, section 322 IPC, section 322 of the Indian Penal Code. People searching for it also type ipc 322 punishment and ipc 322 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Md. Sayed Ali vs Firoja Begum& ORS. (21 Jan 2013).
What should I read with Section 322 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 117 (Voluntarily causing grievous hurt), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 322 of the Indian Penal Code come into force?
Section 322 of the Indian Penal Code, cited as IPC 322, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.