Hurt and Grevious Hurt

Sec 319 of IPC defines hurt as ‘whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. The expression ‘bodily pain’ means that the pain must be physical. It is not necessary that any visible injury should be caused on the body of victim.

Causing disease’ means communicating disease to another person.

Infirmity’ means inability of an organ to perform its normal function which may either be temporary or permanent. This infirmity may be a result of a disease or as a result of consumption of some poisonous substance, harmful drug or alcohol.

Voluntarily Causing Hurt:

Sec 321 of IPC states that 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’. The important ingredient of sec 321 is the ‘intention’ to cause hurt or, the ‘knowledge’ that he is likely to cause hurt. Punishment for voluntarily causing hurt is provided u/s 323 of IPC as imprisonment for a term which may extend to one year or with fine extending up to one thousand rupees, or both.

Sellamuthu vs State of Tamil Nadu [(1995) 2 Cr. L. J. 2143]

In this case, the accused pushed the victim. She fell down and sustained injuries of simple nature on her body. Here the court held this act of the accused falls under section 323 of IPC.

Voluntarily Causing Hurt by dangerous weapons or means:

Sec 324 of IPC states that whoever  voluntarily causes hurt by means of dangerous weapons shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Sec 324 defines dangerous weapons as an instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal.

GRIEVOUS HURT

Sec 320 of IPC designates certain kinds of hurt as grievous hurt. It says that the following kinds of hurt are designated as grievous:

  • First- Emasculation.(Depriving a male of masculine vigour)
  • 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.

E.K. Chandrasenan vs The State of Kerala (AIR 1995 SC 1066)

In this case, the accused person had given a mixture of arrack and methyl alcohol to victims for consuming it, whereby they lost their eye sight permanently. Here the Court held that as many as 24 persons having lost their eye sights permanently, the hurt in question has to be regarded as “grievous” because of what has been stated in clause second of section 320. So the Court held the accused guilty of grievous hurt.

Voluntarily Causing Grievous Hurt:

Sec 322 of IPC defines voluntarily  causing grievous hurt. It states that whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt.

Sec 325 of IPC provides that whoever 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.

Voluntarily Causing Grievous Hurt by dangerous weapons or means:

Sec 326 of IPC states that whoever  voluntarily causes grievous hurt by means of dangerous weapons shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Sec 326 defines dangerous weapons as an instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal.

Voluntarily Causing Grievous Hurt by use of Acid:

Section 326-A and section 326-B were inserted by Criminal Law (Amendment) Act, 2013. It is based on the recommendations of Justice J. S. Verma Committee.

Sec 326-A of IPC provides that whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine.

Section 326-A further provides that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim. Also the fine imposed under this section shall be paid to the victim.

Also this section makes a note that the fine collected should be paid to the victim. This section specifically deals with rehabilitation of the victim.

Voluntarily throwing or attempting to throw acid:

Section 326-B of IPC provides that whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.

Section 326-B provides the definition of acid as any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.

Also it provides that for sec 326-A and sec 326-B, permanent or partial damage or deformity shall not be required to be irreversible

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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