SECTION 325 IPC - Indian Penal Code - Punishment for voluntarily causing grievous hurt



Description of IPC Section 325

According to section 325 of Indian penal code, Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

Offence : Voluntarily causing grievous hurt


Punishment : 7 Years + Fine


Cognizance : Cognizable


Bail : Bailable


Triable : Any Magistrate





Grievous Hurt under the Indian Penal Code

Grievous hurt is, as the name suggests, hurt that is serious or grave in nature. The Indian Penal Code divides injury caused into “hurt” and “grievous hurt”. Hurt has been covered under Section 319 of the IPC, whereas Grievous Hurt has been described in Section 320 of the IPC. According to Section 320, an injury could be designated as grievous if it is emasculation, permanent privation of the sight of either eye, permanent privation of the hearing of either ear, privation/destruction/permanent impairing of any joint, permanent disfiguration of the head or face, fracture or discoloration of bone or tooth, or any hurt which endangers life or which causes the sufferer to be during the space of 20 days in severe bodily pain, or unable to follow his ordinary pursuits. 
 

What is meant by Voluntarily Causing Grievous Hurt 

Section 322 of the Indian Penal Code states that whoever voluntarily causes hurt, if that hurt which he intends to cause or knows himself to be likely to cause hurt of grievous nature, and if the hurt that he causes is grievous hurt, is said to voluntarily cause grievous hurt. Thus, the intention of the person causing grievous hurt is important. If the person did not have any intention to cause such hurt and the same is due to an honest mistake, it would not attract criminal charges. Thus only voluntary causing of grievous hurt will have penal consequences under the IPC. Under Section 322, the two essential ingredients are ‘intention’ to cause and the ‘knowledge’ that the act is likely to cause grievous hurt. If in any act of causing grievous hurt, the intention and knowledge to do so are not present on the part of the person committing the act, he cannot be charged for causing grievous hurt voluntarily, under the Indian Penal Code.
 

Section 325- Punishment for Grievous Hurt

According to Section 325 of the IPC. whoever (except in cases provided by Section 335), voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to 7 years and shall also be liable fine. 

Thus, since grievous hurt is a serious crime, it is punishable with a maximum imprisonment of 7 years with an additional penalty in terms of fine. 
 

Nature of the offence

An offence under Section 325 IPC i.e. voluntarily causing grievous hurt is a cognizable and bailable offence, which is triable by a magistrate. 

A cognizable offence is one where no warrant by a magistrate is necessary to arrest a person suspected to have committed the offence and the police has the authority to arrest without a warrant. 
 

What to do if involved in a Grievous Hurt Case?

A crime as serious as grievous hurt is a critical case to deal with, both for the victim and even the accused. A person charged with an offence under S. 325 can face severe penalties if convicted. On the other hand, it is similarly difficult for the prosecution to prove the charges levied by him/ her. This is why it is important for both the victim and the accused to thoroughly prepare for the case. A person involved in such a case must know all his/her rights before and after arrest. For this purpose, one can take the help of his/her lawyer. One should also prepare a timeline of events and take it down on a piece of paper so that it is easier to brief the lawyer about the case. This will also help the lawyer to formulate a strategy to successfully conduct the trials and convince the court to adjudge in your favour.

Further, it is important to have a fair understanding of the law involved in a murder case. One must sit with his/her lawyer and understand the procedure as well as the law governing the case. It is also critical to perform your own research and understand the risks involved and how you can overcome the same.
 

What to do if involved in a false Grievous Hurt Case?

There may be instances where an individual must have been falsely accused of committing the offence of grievous hurt. In such cases, the accused must talk to his/her lawyer and explain the entire scenario to him/her without even minor alterations as such changes can have a big impact on the case. You should discuss the case thoroughly with the lawyer, even multiple times if you believe that you were not able to make your lawyer understand some of the technicalities involved in the case earlier. You must also do your own research about the case and prepare yourself accordingly for the trials with the help of your lawyer. You should follow your lawyer’s instructions properly and take advice for things even as minor as your appearance in the court.
 

How to get Bail in a Grievous Hurt case?

Since the offene covered under Section 325 is bailable in nature, it is not extremely difficult to get bail. However, a criminal lawyer should be approached so that you are guided in the right direction and you get bail without much hassle. 
 

Why do you need a Lawyer?

If you are filing or defending your case under Section 325 of the Indian Penal code, you will need the help of a criminal lawyer. A good criminal lawyer is a prerequisite to ensuring that you are guided properly and in the right direction. A lawyer having substantial experience in handling criminal cases can guide you through the court procedure and can help you prepare a solid defense for your case. He can prepare you for cross-examinations and guide you on how to answer the prosecution’s questions. A criminal lawyer is an expert in dealing with criminal cases and knows how to tackle a particular case owing to his years of experience. Having a good criminal lawyer by your side you can ensure a successful result in your case in the minimum time possible.

Having a lawyer to defend you is your legal right. This is why, even if you cannot afford an attorney, the court can appoint one for you. A person can also renounce this right and can even represent himself in his own criminal case. However, this is not recommended especially in a case where your charges are severe and you can possibly face jail time, such as the one mentioned under Section 325 of IPC. 

Even if you believe you have committed the crime and you wish to plead guilty, it is extremely important to consult an experienced criminal lawyer before responding to any criminal prosecution. At the very minimum, a skilled attorney can ensure that the charges against you are appropriate - given the facts of the case and advocate on your behalf to receive the lowest possible penalty.

Being charged with a crime, such as the one under section 325, is a serious matter. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal arrest of any nature warrants the legal advice of a qualified criminal defense attorney who can protect your rights and secure the best possible outcome for your case.

FAQ's on IPC Section 325


What offence is defined under IPC 325?

IPC 325 Offence: Voluntarily causing grievous hurt.


What is the punishment for IPC 325 Case?

The punishment for IPC 325 is 7 Years + Fine.


Is IPC 325 cognizable offence or non-cognizable offence?

IPC 325 is a Cognizable.


How to file/defend your case for IPC 325 offence?

Use LawRato for filing/defending your case under IPC 325 with the help of best criminal lawyers near you.


Is IPC 325 bailable or non-bailable offence?

IPC 325 is a Bailable offence.


In what court can IPC 325 be tried?

IPC 325 is tried in the court of Any Magistrate.


Legal Questions Answered by Top Lawyers on IPC 325


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