Section 322

This section extends the definition in Section 321 to the more serious category of grievous hurt, requiring that both the intended or foreseen harm, and the actual harm caused, reach the level of 'grievous' as specifically defined in Section 320. This precise definitional link ensures that the harsher punishments for grievous hurt, prescribed in later sections like Section 325 and 326, apply only when both the mental state and the actual outcome meet this higher threshold. Under the Bharatiya Nyaya Sanhita, 2023, this definition is retained under Section 117(1).

Courts require the prosecution to establish both elements together: that the accused intended or knew the act was likely to cause an injury of the kind listed in Section 320, and that the actual injury caused indeed falls within that list; if the actual injury is less severe than grievous, this section does not apply even if grave harm was intended.

• Myth: If someone intended to cause a serious injury but only a minor injury actually resulted, this section still applies.
  Fact: Both the intended or foreseen harm and the actual harm caused must fall within the specific list of grievous injuries in Section 320 for this section to apply.