IPC 338 → BNS 125(b): Grievous Hurt by Rash Act

Quick Summary: IPC 338 vs BNS 125(b)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 338 deals with grievous hurt by rash act, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers grievous hurt by rash act as BNS 125(b) and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 338 cover?

IPC 338 dealt with grievous hurt by rash act — causing grievous hurt by act endangering life or personal safety of others. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 125(b): What changed in the new law?

Consolidated into BNS 125. From 1 July 2024, new complaints relating to grievous hurt by rash act are filed under BNS Section 125(b), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 125(b)

Same - Up to 2 years

Practical implications for advocates, police & citizens

• Advocates: For grievous hurt by rash act, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 338 carefully to BNS 125(b).
• Police officers: Record the nature and degree of injury and the weapon or means used; a new grievous hurt by rash act FIR is filed under BNS 125(b).
• Law students & citizens: Punishment for grievous hurt by rash act rises sharply with the seriousness of the harm and the victim — the IPC 338 to BNS 125(b) change does not lower it.