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SHIRISH PAWAR, 7738990900 (Advocate)     07 May 2021

Hello,

IPC 325 is a bailable offence. 

Ishaan   07 May 2021

Whoever voluntarily causes grievous hurt to any person, shall be liable to be punished with an imprisonment for a term which may extend to seven years, and shall also be liable to fine.
This offence is a Cognizable offence and Bailable and it can be tried by any Magistrate.
It is also compoundable with permission of court by the person to whom grievous hurt is caused.
Since the offence under this section is bailable in nature, it is not particularly difficult to get a bail. 

Grievous hurt is, hurt that is severe or grave in nature, as the name suggests. The IPC divides hurt caused into two categories –
•    Hurt (Section 319)
•    grievous hurt (Section 320)
As per Section 320, an injury might be considered as grievous if it is castration, permanent privation of the sight of either of the eye, eternal deprivation of hearing of either of the ear, privation/destruction/permanent impairing of any of the joints, permanent defacement of the head or permanent defacement of the face, breakage or discoloration of bone or tooth, or any hurt which risks life or which causes the sufferer to be during the space of 20 days in unembellished bodily pain, or unable to carry on his regular pursuits. 
For the application of this section, intention of the person causing grievous hurt is essential. If the person accused did not have any intention to cause hurt and the same is caused because of an honest mistake, it would not draw criminal charges. Thus, only voluntary causing of grievous hurt will have penal consequences under this section of the Indian Penal Code. 
 

minakshi bindhani   27 October 2021

As per the illustrated query!

Section 325 of Indian Penal Code, 1860
According to section 325 of the Indian penal code, Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Grievous hurt is, as the name suggests, a hurt that is grave. The Indian Penal Code divides injury caused into “hurt” and “grievous hurt”. Hurt has been covered under Section 319 of the IPC, whereas Grievous Hurt has been described in Section 320 of the IPC. According to Section 320, an injury could be designated as grievous if it is emasculation, permanent privation of the sight of either eye, permanent privation of the hearing of either ear, privation/destruction/permanent impairing of any joint, permanent disfiguration of the head or face, fracture or discolouration of bone or tooth, or any hurt which endangers life or which causes the sufferer to be during the space of 20 days in severe bodily pain, or unable to follow his ordinary pursuits.

Section 322 of the Indian Penal Code states that whoever voluntarily causes hurt, if that hurt which he intends to cause or knows himself to be likely to cause hurt of grievous nature, and if the hurt that he causes is grievous, is said to voluntarily cause grievous hurt. Thus, the intention of the person causing grievous hurt is important.

Henceforth, An offence under Section 325 IPC i.e. voluntarily causing grievous hurt is a cognizable and bailable offence, which is triable by a magistrate.

A cognizable offence is one where no warrant by a magistrate is necessary to arrest a person suspected to have committed the offence and the police have the authority to arrest without a warrant.

Hope it is helpful!
Regards
Minakshi Bindhani

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