Indian Penal Code, 1860
Section 338
repealedCausing grievous hurt by act endangering life or personal safety of others
Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
Why this exists
This is the more serious version of Section 337, applying when the reckless conduct results in a severe injury rather than a minor one. It reflects the greater harm suffered by the victim while still treating the case as one of negligence rather than intentional violence.
How courts read it
In cases under this and related sections, courts have looked closely at the degree of rashness or negligence involved, often distinguishing cases of true recklessness (like ignoring an obvious danger) from momentary lapses, since the severity of punishment depends on how careless the conduct really was.
Common misconceptions
- Myth: Workplace accidents are never anyone's fault under the law.
Fact: If the injury results from someone's rash or negligent conduct, such as ignoring safety measures, they can be held criminally responsible under this section.