"Injury"
Section 44 of the Indian Penal Code, 1860 deals with "Injury". The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
The word "injury" denotes any harm whatever
illegally caused to any person, in body, mind, reputation or property.
Section 44, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 2 Definitions Close, with changes 70%
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 The repealed enactment still governs what happened while it was in force.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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State vs Salman Khan& ORS.
Court's Decision & Legal Precedent
Damage caused to wildlife, even if not calculable in monetary terms, constitutes loss to ecology and society at large. Therefore, provisions of Chapter VIII of the Indian Penal Code, specifically Section 149 IPC read with Section 141 IPC (Clause Thirdly covering 'other offence'), can be applied to offences under the Wildlife Protection Act when committed by an unlawful assembly. However, Sections 147 and 148 IPC (rioting and rioting with deadly weapons) cannot be applied to wildlife hunting as they require use of criminal force against persons, not animals. Criminal force under Section 349 IPC is limited to force causing motion or change of motion in another person.
On this section: Definitions of injury, life, death, and animal - Court examined these definitions to determine scope of Chapter VIII applicability
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State vs Saif Ali
Court's Decision & Legal Precedent
The provisions of Chapter VIII of the Indian Penal Code, specifically Sections 147, 148, and 149 IPC, can be applied to offences under special laws like the Wildlife Protection Act, but only to the extent that the underlying offence falls within the scope of the specific IPC provision. Section 149 IPC can be applied to wildlife protection violations when committed by an unlawful assembly because hunting protected animals constitutes 'mischief' under Section 425 IPC, which falls within Clause Thirdly of Section 141 IPC's definition of unlawful assembly. However, Section 147 IPC (rioting) cannot be applied to wildlife hunting because rioting requires use of criminal force on persons, not animals. The definition of 'offence' under Section 40 IPC extends to special laws when the offence is punishable with imprisonment of six months or more, and damage to wildlife constitutes loss to the public through ecological harm, thereby satisfying the mischief definition.
On this section: Definition of injury - Court noted that injury specifically refers to injury to a person
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Dnyaneshwar Sitaram Karale vs State Of Mah.
Court's Decision & Legal Precedent
When a person intentionally puts another person in fear of injury to reputation through threat of publishing defamatory content and dishonestly induces that person to deliver money or valuable security, the offense of extortion under Section 385 IPC is constituted. The term 'injury' in Section 383 IPC extends to injury to reputation and mind, not merely physical injury. The offense is complete even if the property is not actually transferred, as Section 385 applies to attempt to commit extortion. Defects in charge regarding non-specification of exact date and time do not vitiate conviction if they do not cause prejudice to the accused. Delay in lodging FIR is not fatal if it is explained and unavoidable. The misuse of press freedom and RTI Act to blackmail public servants is a serious antisocial offense that undermines democracy and the ability of public servants to discharge their duties.
On this section: Definition of 'injury' - harm to body, mind, reputation, or property
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 44
What have the courts held on Section 44 of the Indian Penal Code?
State vs Salman Khan& ORS. (24 Jul 2012) is the leading judgment on this section among those set out below: Definitions of injury, life, death, and animal - Court examined these definitions to determine scope of Chapter VIII applicability. Another 2 judgments on this section are set out below. They run from 2012 to 2024.
How do I find court cases under Section 44 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 44, section 44 IPC, section 44 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with State vs Salman Khan& ORS. (24 Jul 2012).
What should I read with Section 44 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 2 (Definitions), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 44 of the Indian Penal Code come into force?
Section 44 of the Indian Penal Code, cited as IPC 44, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
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.