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.
Section Simplified
Section 325 of the Indian Penal Code (IPC) provides for punishment for a person who voluntarily causes grievous hurt except for cases where grievous hurt is caused by grave and sudden provocation (Section 335 IPC). This section deals with acts which, in inflicting serious bodily injury on another, are intended to cause an injury or a simple hurt which results in an any physical or mental condition.
Meaning of Grievous Hurt
Grievous hurt is defined in Section 320 IPC. Grievous hurt is defined as –
- Permanent loss of sight or hearing
- Loss of limb
- Fracturing or dislocating of bone or tooth
- Permanent disfigurement of head or face
- Causing hurt which is life threatening, or severely cause pain for twenty days or more.
Thus Section 325 incorporates voluntary actions which results in grievous harm, meaning the person caused grievous hurt with knowledge and intent to do so.
Essential Elements
To demand a conviction for an offence under Section 325, prosecution must show:
- Actus Reus– The accused must have caused the injury knowingly or intentionally.
- Nature of the Injury – The injury suffered by the victim must unquestionably be defined by the legal definition of grievous hurt as contained in Section 320 IPC.
- No Other Exception – The act cannot be one where hurt is sustained as a result of Section 335 IPC, where an individual suffers an injury while under the influence of grave and sudden provocation.
Punishment
The punishment under Section 325 IPC is as follows:
1. Imprisonment of either description for a term which may extend to 7 years; and,
2. Fine, at the discretion of the court.
Case Laws
- State of Karnataka v. Shivalingaiah (1988) – The court ruled that mere simple hurt would not invoke Section 325 unless the injury could clearly fall under the definition of grievous hurt.
- Babu Lal v. State of Rajasthan (2006) – The fracture of a bone even if minor, constituted grievous hurt, and therefore the case would be under Section 325 IPC.
Significance
This section provides a midpoint balance whereby punishment is provided for acts of violence that cause grievous bodily injury, while allowing for a distinction from less serious assaults (Section 323 IPC) and acts that create life and death situations (Section 326 IPC). It established a proportional punishment reserves for the nature of the charge.