Hurt & Grievous Hurt: Things to know about Section 319 & 320.
Hurt
Hurt may be described as the bodily pain that is resulting from real contact with the frame by an aggravated assault. There’s no radical difference between assault and harm. Section 319 of the Indian Penal Code, 1860 (hereinafter “IPC”) defines hurt as: “whoever reasons bodily pain, disorder or disease to any man or woman is said to have caused harm.” The section does not outline the offence of inflicting harm. It defines best the time period hurt and does not describe the situations underneath which it can be brought on.
To constitute any one or more of essentials of simple hurt must be present:
- Bodily Pain
- Infirmity to another
- Disease
Section 319. Hurt.- Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
Hurt means causing of pain, disease or infirmity by any person to another.Which Should not be caused by direct physical contact between the accused and the victim. Hurt must have been caused by some voluntary act of the accused. Causing of nervous shock or mental derangement by some voluntary act of the offender is covered by this action. The duration of the state of the mental infirmity is immaterial. Acts which or neither intended nor likely to cause death amount to hurt or grievous hurt according to the nature of the injury caused even though death has resulted therefrom
Bodily Pain-
Bodily Pain, except so slight a harm of which no person of ordinary sense or temper would complain of, is covered by the definition of hurt under the section 319 of the IPC,1860.
Infirmity-
Infirmity means inability of an organ to perform its normal function which may either be temporary or permanent.Its denotes an unsound or unhealthy state of the body or mind; such as a state of temporary impairment or hysteria or terror.
Section 321. Voluntarily Causing Hurt.—Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said: “voluntarily to cause hurt”.
Section323. Punishment for voluntarily causing hurt -323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Grievous hurt.
320. Grievous hurt.—The following kinds of hurt only are designated as “grievous”:—
(First) — Emasculation.(Secondly) —Permanent privation of the sight of either eye.(Thirdly) — Permanent privation of the hearing of either ear,(Fourthly) —Privation of any member or joint.(Fifthly) — Destruction or permanent impairing of the powers of any member or joint.(Sixthly) — Permanent disfiguration of the head or face.(Seventhly) —Fracture or dislocation of a bone or tooth.(Eighthly) —Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
(1) Emasculation: The first type of grievous hurt is depriving a person of his virility. This clause is confined to men and was inserted to counteract the practice commonplace in India for women to squeeze men’s testicles at the slightest provocation. Emasculation can be resulting from causing such harm to the scrotum of a person as has the effect of rendering him impotent. The impotency prompted ought to be permanent, and no longer simply temporary and curable.
(2) Injuring eyesight: Some other injury of identical gravity is the permanent deprivation of the sight of either eye or of both the eyesight. Such harm has to have the effect of permanently depriving the injured of the usage of one or both of his eyes. The test of gravity is the permanency of the harm because it deprives a person of the usage of his sight and additionally disfigures him.
(3) Inflicting deafness: The everlasting deprivation of hearing of both ears is less serious than the above-mentioned harm as it does no longer disfigure a person, however handiest deprives him of using his ear. But, it’s serious damage depriving someone of his sense of listening to. The deafness has to be permanent to attract this provision. Such harm may be resulting from blow given on head, ear or the one’s elements of the head which speak with and injure the auditory nerves or with the aid of thrusting a stick into the ear or placing into ear a substance which reasons deafness.
(4) Loss of limb: Everlasting deprivation of any member or joint is some other grievous hurt, whereby a person is rendered much less able to guard himself or to harass his adversary. ‘member’ method not anything extra than an organ or a limb. ‘Joint’ refers to an area where two or more bones or muscle mass be a part of. Their permanent deprivation needs to involve such damage to them as makes them permanently stiff, so that they are not able to perform the everyday function assigned to the human body structure.
(5) Impairing of a limb: The deprivation of a person to the use of member or joint includes lifelong crippling and makes a person defenceless and depressing. The provision speaks of destruction or permanent impairing of their powers, which might encompass no longer only overall however additionally a particular use of the limb or joint. Any permanent decrease of their utility would constitute grievous hurt.
(6) Everlasting disfiguration of the pinnacle or face: ‘Disfigure’ means to do a person a few outside hurts which detract from his private look, but does not weaken him. Branding a ladies cheek with red warm iron, it leaves permanent scars, amounts to disfiguration. a cut at the bridge of the nostrils of a woman due to a sharp weapon has been held to be everlasting disfigurement despite the fact that the inner wall become intact.
(7) Fracture or dislocation of a bone or teeth: It’s far every other species of grievous harm, which may additionally or may not be attended with everlasting disability. A fractured or dislocated bone may be set or rejoin, but on account of the extreme suffering to which it gives upward thrust, the harm is named as grievous. The number one means of the word fracture is ‘breaking’, though it isn’t always essential in case of fracture of the cranium bone that it should be divided into separate parts due to the fact it may consist simply of a crack; but if it is a crack, it must be a crack which extends from the outer floor of the skull to the inner surface. If there may be spoil with the aid of cutting or splintering of the bone or there is a break or gap in it, would add up to a crack inside the importance of clause 7 of Section 320. What must be seen is whether the cuts during the bones saw in the damage report are just shallow or do they impact a break in them. ‘Dislocation’ implies dislodging, being applied to a bone expelled from its typical associations with a neighbouring bone. A bone moved out of its attachment or put out of its joint is a disjoint bone.
(8) Any hurt which risks life or which causes the victim to be during the time of days in severe bodily pain, or unable to follow his ordinary pursuits.
Section 321. Voluntarily Causing Grievous Hurt.—Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.
325. Punishment for voluntarily causing grievous hurt.—Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Cases on the Grievous Hurt.
State Of Gujarat vs Shankerji Chaturji And Ors. on 8 October, 1996
Sudhakar Naik And 13 Ors. vs State And 3 Ors. on 17 June, 1996
Y.P. Baiju vs State Of Kerala And Ors. on 30 October, 2007
Narinder Singh & Ors vs State Of Punjab & Anr on 27 March, 1947
Bheru Singh vs State Of Rajasthan And Ors. on 2 April, 2002
Difference Between Grievous Hurt and Hurt:
No
| Hurt | Grievous hurt |
1. | Definition: Hurt defined under Section 319 of the Indian Penal Code- “Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.” | Definition: According to Section 320 of Indian Penal Code - The following kinds of hurt only are designated as "grievous" - First - Emasculation. Secondly - Permanent privation of the sight of either eye. Thirdly - Permanent privation of the hearing of either ear. Fourthly - Privation of any member or joint. Fifthly - Destruction or permanent impairing of the powers of any member or joint. Sixthly - Permanent disfiguration of the head or face. Seventhly - Fracture or dislocation of a bone or tooth. Eighthly - Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits. |
2 | The nature of Hurt is simple | The nature of Grievous hurt is grievous. |
3 | It Covers bodily pains disease or infirmity to any person | According to Section 320 there are eight kinds of hurt which are said grievous in nature. |
4 | The offence is non-cognizable, bailable and triable by any Magistrate | The offence is cognizable, bailable, compoundable with the permission of the Court before which any prosecution of such offence is pending and triable by any Magistrate . |
5 | Punishment : Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. (Section 323 IPC) | Punishment : Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.(Section 325 IPC) |
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