BACK TO SECTIONS(2008) 15 SCC 582
IPC 1860REPEALED
Section 321-336
Hurt: Voluntarily Causing Hurt; Voluntarily Causing Grievous Hurt; Causing Hurt to Extort Property; Causing Hurt to Extort Confession; Causing Grievous Hurt to Extort Confession; Causing Hurt by Endangering Life; Causing Grievous Hurt by Endangering Life; Punishment when Act Causing Death or Grievous Hurt is done with Intent to Cause Simply Hurt; Hurt or Grievous Hurt by Dangerous Weapon
Replaced by: BNS BNS 115-130
BailableCognizable: Cognizable (most)Any Magistrate
THE STATUTE
Original Text
Section 327: Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Section 328: Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Simplified
Sections 321–336 detail the hurt provisions comprehensively. Section 327 (causing hurt to extort property — 10 years) and Section 328 (administering poison/stupefying substance — 10 years) are among the most serious non-fatal violence provisions. Section 328 is particularly relevant in modern contexts: drugging a person's drink to facilitate rape, administering chloroform to rob someone, or spiking food with chemicals — all fall within Section 328. The provision extends to any 'stupefying, intoxicating or unwholesome' substance, covering both traditional poisons and modern drugs like Rohypnol. Section 334 (hurt on provocation — 1 month) and Section 335 (grievous hurt on provocation — 4 years) are mitigated forms where grave and sudden provocation reduces the sentence. Section 336 (endangering human life by rash or negligent act, regardless of whether hurt results — 3 months) is the base provision for reckless conduct endangering others.
Landmark Precedents
State of AP v. M. Madhusudhan Rao (2008)
RELEVANCE
Comprehensively discussed the hurt framework under Sections 319–338 — established evidentiary standards for proving grievous hurt and the role of medical evidence in hurt prosecutions.
Practical Scenarios
"Spiking someone's drink at a party with a date rape drug — Section 328 (10 years) plus Section 376 if rape follows."
"Administering sleeping pills to a person to rob them — Section 328."
"Causing grievous hurt to force someone to sign a property transfer document — Section 329 (10 years)."
Common Queries
Yes — Section 328 (administering stupefying substance to cause hurt or facilitate an offence) carries up to 10 years. Additionally, if rape follows, Section 376 applies. Both charges can be filed simultaneously.