Overview: This section of the Indian Penal Code talks about punishment if a person causes grievous hurt to another person voluntarily.
The points requiring
proof of voluntarily causing grievous hurt are:
1) That the accused caused hurt.
2) That the hurt caused was ‘grievous’.
3) That he intended or knew that he was likely to cause grievous hurt.
Medical Examination: It is very necessary to examine a medical
witness to find out whether the injuries are any of those mentioned in Section
326. It is not the duty of the medical officer to classify a hurt as grievous
or simple; his duty is merely to describe facts, upon which it is the duty of
the Magistrate to find whether the hurt is grievous or otherwise. The
certificate of a medical officer is not evidence; he must be examined in the
presence of the accused, which has the right to cross-examine him.
Punishment for voluntarily causing grievous hurt under Section 325 of IPC: This section provides punishment if a person, except in the case provided for by section 335, voluntarily causes grievous hurt to any other person, then he 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 | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Voluntarily causing grievous hurt | 7 Years + Fine | Cognizable | Bailable | Any Magistrate |
| Offence | Voluntarily causing grievous hurt |
|---|---|
| Punishment | 7 Years + Fine |
| Cognizance | Cognizable |
| Bail | Bailable |
| Triable By | Any Magistrate |
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