Hurt under Indian Penal Code

SECTION 319: HURT

“Whoever caused bodily pain, disease or infirmity to any person is called hurt”.

Hurt should be caused by direct physical contact between the accused and victim. It may be caused by means and includes nervous shock and mental disorder.

SECTION 320: GRIEVOUS HURT

Following kinds of hurt only designated as “grievous”:

  • Emasculation
  • Permanent privation of the sight of either eye.
  • Permanent privation of hearing of either ears.
  • Privation of any member or joint.
  • Destruction
  • Permanent disfiguration of the head or face.
  • Fracture of bone or tooth.
  • Any hurt which endangers to life or which causes the sufferer to be during the space of 20 days in bodily pain.

The mere fact that injured remained in the hospital for 20 days would not be enough to conclude that he was unable to follow his ordinary pursuits during that period. If hurt continues for a period less than 20 days, then it would be an offence of hurt.

A.G BHAGWAT VS U.T CHANDIGARH (1989)

It was held that an injury may be called grievous hurt as when it only endangers to life. Endangers to life means that the injury, which is actually found, should itself be such that it may put the life of injured in danger.

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SECTION 321: VOLUNTARILY CAUSING HURT

Whoever does any act with the intention causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person and does cause hurt to any person is said to be “voluntarily to cause hurt”.

SECTION 322: VOLUNTARILY CAUSING GRIEVOUS HURT

Whoever voluntarily causes hurt, if the hurt which he intends to cause or know himself to be likely to cause is grievous hurt, is called “voluntarily causing grievous hurt”.

ILLUSTRATION

A, intending himself to be likely to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face ,but which causes Z to suffer severe bodily pain for the space of 20 years . A has voluntarily caused grievous hurt.

SECTION 323: PUNISHMENT FOR VOLUNTARILY CAUSING HURT

Voluntarily causes hurt shall be punished with imprisonment which may extend to one year, or with fine which may be extend to one thousand rupees or with both.

SECTION 325: PUNISHMENT FOR VOLUNTARILY CAUSING GRIEVOUS HURT

Voluntarily causes grievous hurt shall be punished with imprisonment which may extend to seven year, and shall also be liable for fine.

SECTION 326:  VOLUNTARILY CAUSING GRIEVOUS HURT BY WEAPONS

It means any instrument for shooting , stabbing or cutting, or any instrument which is used as weapons of offence, is likely to cause death, or by means of fire/heated substance/poison/or means by blood shall be punished with imprisonment for life or up to 10 years, and fine.

HURT RESULTING IN DEATH

When there is no intention to cause death, or no knowledge that death is likely to be caused, and death is caused, the accused will be guilty of ‘hurt’ only if the injuries are non-serious in nature.

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BESHOR BEVA (1872) CASE

The accused with a view to chastising her daughter of 10 years for impertinence gave her a kick on her back and gave two slaps on the face for which she died. It was held that accused was guilty of causing hurt.

 

Author: kanika panwar,
IDEAL institute of management and technology & school of law, 2nd year/BALLB

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