IPC 338 vs BNS 338
● Retained in BNSCausing Grievous Hurt by Act Endangering Life or Personal Safety of Others
Section 338 of the Indian Penal Code, 1860, deals with cases where a person causes grievous hurt by doing a rash or negligent act that endangers life or personal safety of others. Unlike IPC 337, which addresses simple hurt, IPC 338 specifically targets grievous injuries resulting from negligence or rashness.
Key points:
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The act must be rash or negligent.
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The victim must suffer grievous hurt as defined under IPC 320.
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Punishment: Imprisonment up to 2 years, or fine, or both.
For example, if someone drives a vehicle recklessly and causes a serious injury, such as a fracture, to a pedestrian, it falls under IPC 338. This section ensures accountability for careless acts that result in severe harm, reinforcing public safety.
Causing Grievous Hurt by Act Endangering Life or Personal Safety of Others
Section 338 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 338. It punishes acts where a person rashly or negligently causes grievous hurt, endangering life or personal safety of others.
Key points:
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Covers acts causing grievous injuries due to negligence or rash behavior.
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Punishment: Imprisonment up to 2 years, or fine, or both.
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Protects individuals from serious injuries caused by careless or reckless acts.
For instance, a person operating heavy machinery carelessly, causing severe injury to a worker, qualifies under BNS 338. This ensures continuity in legal safeguards against negligent acts resulting in serious harm.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 338 to BNS BNS 338.