सं Samvidhan

Indian Penal Code, 1860

Section 338

repealed

Causing grievous hurt by act endangering life or personal safety of others

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.