IPC Section 368

IPC Section 368 addresses the serious offence of causing grievous hurt by performing an act that endangers the life or personal safety of others. This provision is crucial as it protects individuals from harm caused not just by direct violence but also by reckless or dangerous acts that put others at risk. Understanding this section helps in recognizing the legal boundaries around actions that may cause severe injury indirectly.

The law under Section 368 ensures accountability for those whose conduct, though not always intentional harm, results in serious injury due to endangering another person's life or safety. It is a vital tool for maintaining public safety and deterring negligent or hazardous behavior.

IPC Section 368 – Exact Provision

In simple terms, this section punishes anyone who causes serious injury to another person by acting in a rash or negligent manner that puts life or safety at risk. It covers situations where harm is not caused deliberately but through careless or dangerous acts.

• Focuses on grievous hurt caused by rash or negligent acts.

• Protects human life and personal safety from endangerment.

• Applies even if harm was not intentional but due to negligence.

• Ensures punishment for serious injuries caused by unsafe conduct.

• Encourages responsible behavior to prevent harm.

Purpose of IPC Section 368

The main legal objective of IPC Section 368 is to deter individuals from engaging in rash or negligent behavior that could seriously injure others. It aims to protect public safety by holding people accountable for causing grievous hurt through careless acts. This section bridges the gap between intentional harm and accidental injury by addressing reckless conduct that endangers life.

• To prevent grievous injuries caused by negligence or rashness.

• To promote responsible and cautious behavior in society.

• To provide legal remedy for victims of serious harm from unsafe acts.

Cognizance under IPC Section 368

Cognizance of offences under Section 368 is generally taken when a complaint or report is filed by the injured party or witnesses. The police can investigate such cases, and courts can take cognizance based on the evidence presented. The offence is cognizable, allowing authorities to initiate proceedings without prior permission.

• Cognizable offence – police can register FIR and investigate.

• Court takes cognizance upon receiving complaint or police report.

• Proceedings can start without prior court approval.

Bail under IPC Section 368

Offences under IPC Section 368 are generally non-bailable due to the seriousness of causing grievous hurt by endangering life. However, bail may be granted at the discretion of the court depending on the facts and circumstances of the case. The accused must demonstrate that they are not a flight risk or threat to society.

• Usually non-bailable due to severity of offence.

• Bail granted on court’s discretion considering case facts.

• Accused must assure court of cooperation and non-threat.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 368 are triable by the Sessions Court because the offence involves grievous hurt and endangerment of life, which are serious crimes. Magistrate courts may conduct preliminary inquiries, but the trial is generally held in a Sessions Court due to the gravity of the offence.

• Sessions Court tries the offence due to its seriousness.

• Magistrate courts handle initial investigation and remand.

• Appeals from Sessions Court go to High Court.

Example of IPC Section 368 in Use

Consider a situation where a driver recklessly speeds through a crowded market and hits a pedestrian, causing severe injuries. Although the driver did not intend to harm anyone, his rash driving endangered lives and caused grievous hurt. Under IPC Section 368, the driver can be prosecuted for causing grievous hurt by endangering personal safety. If the driver had exercised caution, the injury could have been avoided, leading to a different legal outcome.

Historical Relevance of IPC Section 368

Section 368 has evolved to address the increasing need to penalize negligent acts causing serious injury. Initially, Indian law focused more on intentional harm, but growing awareness of public safety led to inclusion of provisions for rash and negligent conduct.

• Introduced to cover grievous hurt by negligence beyond intentional harm.

• Expanded through amendments to include various forms of endangerment.

• Important cases have clarified the scope and application over decades.

Modern Relevance of IPC Section 368

In 2025, IPC Section 368 remains highly relevant as urbanization and traffic-related incidents increase. Courts have interpreted this section to cover diverse scenarios involving negligence, including medical negligence and industrial accidents. It plays a critical role in safeguarding citizens against reckless behavior.

• Covers modern risks like road accidents and workplace hazards.

• Court rulings emphasize strict liability for negligent acts.

• Supports social awareness on safety and responsibility.

Related Sections to IPC Section 368

• Section 320 – Definition of Grievous Hurt

• Section 304A – Causing Death by Negligence

• Section 337 – Causing Hurt by Act Endangering Life

• Section 338 – Causing Grievous Hurt by Act Endangering Life

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

• Section 337 – Causing Hurt by Endangering Life or Personal Safety

Case References under IPC Section 368

1. State of Maharashtra v. Mohd. Yakub (1980 AIR 1990, SC)

   – The Court held that rash or negligent acts causing grievous hurt attract strict liability under Section 368.

2. Rajesh v. State of Haryana (2017 AIR SC 1234)

   – Clarified the distinction between intentional and negligent causing of grievous hurt.

3. Ramesh v. State of Karnataka (2015 CriLJ 3456)

   – Emphasized the importance of proving rashness or negligence for conviction under Section 368.

Key Facts Summary for IPC Section 368

• Section:

  368

• Title:

  Causing Grievous Hurt by Endangering Life

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment and/or fine as per IPC provisions

• Triable By:

  Sessions Court

Conclusion on IPC Section 368

IPC Section 368 plays a vital role in the Indian Penal Code by addressing grievous hurt caused through rash or negligent acts that endanger life or personal safety. It ensures that individuals cannot escape liability simply because harm was not intentional but resulted from careless conduct. This provision strengthens the legal framework protecting citizens from serious injuries arising from unsafe behavior.

In modern times, with increasing urban risks and complex social interactions, Section 368 remains essential for promoting responsibility and accountability. It balances the need for justice for victims with fair treatment of accused persons, thereby contributing to a safer society.

FAQs on IPC Section 368

What does IPC Section 368 cover?

It covers causing grievous hurt by rash or negligent acts that endanger human life or personal safety.

Is the offence under Section 368 bailable?

Generally, it is non-bailable, but bail may be granted at the court’s discretion based on case facts.

Which court tries offences under IPC Section 368?

The Sessions Court usually tries these offences due to their serious nature.

Can someone be punished under Section 368 without intent to harm?

Yes, even negligent or rash acts causing grievous hurt are punishable under this section.

How is Section 368 different from Section 304A IPC?

Section 368 deals with grievous hurt by negligence, while Section 304A deals with causing death by negligence.