What is Section 338 IPC? Causing grievous hurt by act endangering life
Published on: Lawiz Team
Learn about Section 338 IPC: Causing grievous hurt by act endangering life
Official Legal Text
Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
What This IPC Section Means – Explained in Simple Words
Section 338 punishes anyone who causes grievous hurt by doing any rash or negligent act that endangers human life or personal safety.
Purpose
To ensure accountability for reckless acts that result in serious injuries to others.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Key Elements
1. Grievous hurt must be caused. 2. The act must be rash or negligent. 3. It must endanger human life or personal safety.
Punishment Details
Imprisonment of up to two years, or fine, or both.
Illustrative Example
If a person drives recklessly, causing a serious accident that results in a fracture to another person, it is punishable under Section 338.
Legal Defenses
If the act was done with proper care and without negligence, this section does not apply.
Related Sections
Related to Section 337 (Hurt by rash or negligent act).
FAQs
What does Causing grievous hurt by act endangering life or personal safety of others mean?
Causing grievous hurt by act endangering life or personal safety of others is defined under Indian Penal Code.
What is the punishment for causing grievous hurt by act endangering life or personal safety of others?
Punishment is according to IPC provisions for this offence.
Is offence under this section cognizable?
It depends, but often considered serious under IPC.
Is offence under this section bailable?
Bailability depends on severity and case facts.
How can a complaint be filed under this section?
Approach nearest police station and lodge an FIR.
What are possible defences if accused under this section?
Defence may include lack of intent, accident, or false implication.
Can you provide an example situation under this section?
Examples vary based on case facts.