Section 336-338 of IPC deals with Endangering life and personal safety. In this article, we will discuss section 338 of IPC in detail.
What is Section 338 of IPC?
Suppose a person does any rash or negligent act that causes grievous hurt to another person, thereby endangering another person’s life and personal safety. In that case, such a person shall be punished under Section 338 of IPC.
Therefore, the occurrence of grievous hurt by a rash or negligent act is significant to attack Section 338 of IPC.
If a contractor, while repairing a house in a building, does not take any precautions. While revising, a huge stone fell and hit a passerby’s head. If the passerby was grievously hurt, then such contractor will be liable for endangering another person’s life under Section 338 of IPC.
If a person drives a car so rashly, it turns turtle and hits another car’s windscreen. As a result, the person sitting in the vehicle loses his eyesight. Then, such a person will be liable under Section 338 of IPC. However, if the person dies, he will be liable under Section 304A of IPC.
Essential ingredients of Section 338 of IPC
To understand Section 338 of IPC, let us get into the essential ingredients of this section:
- The person must do an act in a rash or negligent manner;
- Such an act should cause grievous hurt to another person
- The act should be such that it endangers the life and personal safety of another person
- The intention of the person doing the act is not essential.
What is grievous hurt?
Grievous hurt has been defined under Section 320 of IPC, which gives eight situations that are essential for causing grievous hurt to another person, namely;
Emasculation or mutilation, permanent privation of either eyesight, or hearing of either ear or any member or joint, permanent disfiguration or damage of head or face, destruction or permanent impairment of the power of any joint or member, dislocation or fracture of any tooth or bone, or any hurt that endangers the life of another person or that causes the person to suffer severe bodily pain or unable to carry out their daily pursuits for twenty days.
Is Section 338 bailable and cognizable?
An offence under Section 338 of IPC is bailable, cognizable, and compoundable by the person who is hurt with the court’s permission and is triable by any Magistrate.
Punishment under Section 338 of IPC
Section 338 of IPC: Any person who commits any rash or negligent act that grievously hurts personal safety or endangers another person’s life shall be punished with imprisonment of either description for a term up to two years or with a fine up to Rs. 1000 or with both.
Section 338 of IPC states that any person who causes grievous hurt by any rash or negligent act that endangers another person’s life and personal safety, then such person will be punished for up to 2 years of imprisonment or with a fine of Rs. 1000 or with both. It is a bailable and cognizable offence. Causing grievous hurt due to any rash or negligent act is important to constitute a crime under Section 338 of IPC. Section 336 and 337 of IPC deal with endangering life and personal liberty. You can read it in our previous article.