difference between 325 & 326 IPC | 325 IPC Vs 326 IPC

What is the difference between 325 & 326 IPC | 326 IPC Vs 325 IPC | 

Section 326 of the Indian Penal Code (IPC) pertains to the offense of voluntarily causing grievous hurt by dangerous weapons or means, while section 325 pertains to the offense of voluntarily causing hurt. 

The key difference between the two sections is the level of injury caused to the victim. Section 326 pertains to causing hurt that is classified as "grievous," which is a more serious injury as defined by the IPC, while section 325 pertains to causing regular hurt. The punishment for an offense under section 326 is more severe than that under section 325.

Punishment Under 325 of IPC 

The punishment for an offense under section 325 of the Indian Penal Code (IPC) is imprisonment for a term which may extend to 7 years, and also a fine. It is considered as a cognizable and bailable offense. The court may take into consideration the circumstances of the case and the offender's criminal history while determining the sentence.

Punishment Under 326 of IPC 

The punishment for an offense under section 326 of the Indian Penal Code (IPC) is imprisonment for a term which may extend to life imprisonment, and also a fine. It is considered as a cognizable, non-bailable and non-compoundable offense. The court may take into consideration the circumstances of the case and the offender's criminal history while determining the sentence. The punishment under this section is more severe than the punishment under section 325 because section 326 pertains to causing "grievous hurt" which is considered a more serious injury as per the IPC.

What is the Possibility of Bail Granting under 325 of IPC ?

The bail provisions for an offense under Section 325 of the Indian Penal Code (IPC) are bailable, which means that bail can be granted to the accused. Bail is a legal process where an accused person is released from custody, on the condition that he/she will appear before the court as and when required.

The granting of bail is at the discretion of the court and depends on various factors such as the nature and gravity of the offense, the evidence against the accused, the previous criminal history of the accused and the likelihood of the accused absconding or tampering with evidence.

In case of Section 325 IPC, the court may grant bail on the accused person executing a bond with or without sureties, as the case may be, and subject to any other condition that the court may impose. The accused may also be released on personal bond and without sureties.

However, if the court finds that there is a likelihood of the accused absconding or tampering with evidence, it may refuse to grant bail.

What is the Possibility of Bail Granting under 326 of IPC ?

The bail provisions for an offense under Section 326 of the Indian Penal Code (IPC) are non-bailable, which means that bail cannot be granted as a matter of right to the accused. However, the accused person can still apply for bail and the court has the discretion to grant bail, depending on the facts and circumstances of the case.

The granting of bail in non-bailable offenses is at the discretion of the court and depends on various factors such as the nature and gravity of the offense, the evidence against the accused, the previous criminal history of the accused, the likelihood of the accused absconding or tampering with evidence, the severity of the punishment, and the possibility of conviction.

In case of Section 326 IPC, if the court finds that the evidence against the accused is not strong or that the accused is not likely to abscond or tamper with evidence, it may grant bail. However, if the court finds that there is a likelihood of the accused absconding or tampering with evidence, it may refuse to grant bail.

The court may also impose stringent conditions while granting bail such as a higher amount of bail bond, depositing passport, or executing a bond with sureties. The accused may also be asked to report to the police station regularly.