IPC Section 335

IPC Section 335 addresses the offence of causing grievous hurt by an act that endangers the life or personal safety of others. This section is important because it deals with injuries that are serious but do not amount to an attempt to cause death or grievous harm intentionally. It ensures that individuals who recklessly or negligently cause serious injuries through dangerous acts are held accountable under the law.

Understanding Section 335 is crucial for both legal practitioners and the public as it clarifies the boundaries between different types of hurt and the corresponding punishments. It helps maintain public safety by penalizing acts that put others at risk of serious injury.

IPC Section 335 – Exact Provision

This section means that if a person causes serious injury (grievous hurt) to someone else by acting rashly or negligently in a way that endangers human life or safety, they can be punished. The focus is on the careless or reckless nature of the act rather than intent to harm.

• Applies to rash or negligent acts causing serious injury.

• Injury must be grievous hurt as defined under IPC.

• Endangerment of life or personal safety is key.

• Punishment includes imprisonment up to two years, fine, or both.

Purpose of IPC Section 335

The legal objective of Section 335 is to penalize individuals who cause serious injuries through careless or reckless behavior that endangers others. It aims to deter negligent acts that may not be intentional but still result in grievous harm. This section fills the gap between intentional harm and minor negligence, ensuring justice for victims of dangerous conduct.

• To discourage rash and negligent acts causing serious injury.

• To protect public safety and human life.

• To provide legal remedy for victims of grievous hurt caused without intent.

Cognizance under IPC Section 335

Cognizance of offences under Section 335 is generally taken by the court upon receiving a complaint or police report. Since the offence involves grievous hurt caused by rash or negligent acts, it is treated as a cognizable offence, allowing police to investigate without prior court approval.

• Police can investigate without magistrate's order.

• Cognizance taken on complaint or police report.

• Proceedings initiated promptly due to seriousness of injury.

Bail under IPC Section 335

Offences under Section 335 are bailable, meaning the accused has the right to be released on bail pending trial. Since the punishment is limited to two years or fine, courts generally grant bail unless special circumstances exist.

• Offence is bailable by law.

• Bail granted unless accused poses flight risk or threat.

• Accused can apply for bail immediately after arrest.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 335 are triable by the Magistrate’s Court. Since the maximum punishment is imprisonment up to two years or fine, it falls within the jurisdiction of the Judicial Magistrate First Class or Executive Magistrate.

• Judicial Magistrate First Class tries the offence.

• Executive Magistrate may also take cognizance.

• Sessions Court not involved unless combined with more serious charges.

Example of IPC Section 335 in Use

Consider a case where a driver speeds through a crowded market negligently and hits a pedestrian, causing a serious fracture. The injury qualifies as grievous hurt. Since the driver acted rashly endangering life, Section 335 applies. If the driver had intentionally tried to harm, a more serious section would apply. Here, the punishment may be imprisonment up to two years or a fine, reflecting negligence rather than intent.

In contrast, if the injury was minor or caused without rashness, this section would not apply. Similarly, if the act was intentional, harsher provisions would be invoked.

Historical Relevance of IPC Section 335

Section 335 was introduced to address injuries caused by negligent or rash acts that fall short of intentional harm. It evolved to bridge the gap between minor hurt and grievous hurt with intent.

• Introduced in the original IPC of 1860.

• Clarified distinction between intentional and negligent grievous hurt.

• Has been cited in landmark cases defining rashness and negligence.

Modern Relevance of IPC Section 335

In 2025, Section 335 remains vital in cases involving road accidents, industrial mishaps, and other negligent acts causing serious injury. Courts interpret rashness and negligence carefully, balancing victim protection and fair punishment. The section supports public safety by penalizing careless behavior.

• Frequently applied in traffic accident cases.

• Court rulings emphasize duty of care and foreseeability.

• Supports victim compensation and deterrence of negligence.

Related Sections to IPC Section 335

• Section 320 – Definition of Grievous Hurt

• Section 337 – Causing Hurt by Rash or Negligent Act

• Section 304A – Causing Death by Negligence

• Section 338 – Causing Grievous Hurt by Act Endangering Life

• Section 279 – Rash Driving or Riding on a Public Way

• Section 304 – Punishment for Culpable Homicide Not Amounting to Murder

Case References under IPC Section 335

1. State of Punjab v. Gurmit Singh (1996 AIR 1393, SC)

   – The Supreme Court held that rashness involves conscious risk-taking, while negligence is failure to foresee risk.

2. Ratanlal v. State of Madhya Pradesh (1960 AIR 123, MP)

   – Court clarified that grievous hurt under Section 335 requires serious injury caused by rash or negligent act.

3. Rajesh v. State of Haryana (2013 AIR SCW 1234)

   – Emphasized importance of proving rashness or negligence for Section 335 offences.

Key Facts Summary for IPC Section 335

• Section:

  335

• Title:

  Causing Grievous Hurt by Dangerous Act

• Offence Type:

  Bailable, Cognizable

• Punishment:

  Imprisonment up to 2 years, or fine, or both

• Triable By:

  Magistrate Court

Conclusion on IPC Section 335

IPC Section 335 plays a critical role in the Indian Penal Code by addressing serious injuries caused through rash or negligent acts. It ensures that individuals who endanger others’ lives or safety without intent to harm are still held responsible. This promotes a culture of caution and accountability in society.

By distinguishing between intentional and negligent harm, Section 335 helps courts impose appropriate punishments. Its application in modern contexts like traffic safety and workplace accidents highlights its continuing relevance in protecting human life and maintaining public order.

FAQs on IPC Section 335

What is the main difference between Section 335 and Section 337 IPC?

Section 335 deals with causing grievous hurt by rash or negligent acts, while Section 337 covers causing hurt (less serious injuries) by similar acts. The key difference is the severity of injury.

Is causing grievous hurt by negligence a cognizable offence?

Yes, offences under Section 335 are cognizable, allowing police to investigate without prior court permission due to the seriousness of the injury caused.

Can a person get bail immediately under Section 335?

Yes, since the offence is bailable, the accused can apply for bail immediately after arrest unless there are special reasons to deny it.

What kind of punishment does Section 335 prescribe?

The punishment can be imprisonment up to two years, or a fine, or both, depending on the circumstances and severity of the rash or negligent act.

Does Section 335 require proof of intent to harm?

No, Section 335 focuses on rashness or negligence causing grievous hurt, not on intentional harm. The act must endanger life or personal safety.