HURT: GRIEVOUS AND SIMPLE UNDER IPC

Hurt in general means injury, from which a particular person suffers. The injury can be caused due to bodily pain, any disease, emasculation, physical or mental weakness, disfigurement, or any fracture etc. Which is a non-fatal crime.

Hurt can be classified into two categories-

  1. Simple Hurt.
  2. Grievous Hurt.

What is meant by simple Hurt?

According to section 319, of IPC[1], “Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt”. And section 321, of IPC deals with, “voluntarily causing hurt”.”

Essentials of the offence of Simple Hurt

  1. [2]Bodily Pain: Any such act which causes pain to any external part of body, comes under ambit of simple hurt. It does not deal with mental pain.
  2. Disease: Disease means lacking health or soundness. Any such disease or aliment which turn out to spread from one to another or weakens the person, then it would constitute as simple hurt.
  3. Infirmity: Infirmity generally means physical and mental weakness which comes under simple hurt.
  4. To any other Person: The offence of hurt must be caused to any other person not to one’s own self.
  5. Actus rea: It refers to “guilty act”. The offence will be considered as overt act in furtherance of causing crime. 
  6. Mens rea: It refers to “guilty mind”. The offence is considered when there is a general intention or have any pre-determined plan to break the law or a state of mind for committing any offence. 
  7. Section 319 does not show that there must be direct physical contact with another person for committing simple hurt. In this way, in a simple hurt there is no need of physical contact. A hurt may be caused by any mean or method. Such hurt must cause bodily pain or disease or infirmity. Such hurt must be caused to another person and not to himself.

Jashanmal Jhamatmal v Brahmand Sarupanand[3]

In this case, the landlord was accused for causing hurt to tenant’s wife. The landlord in dark night uttered a piercing shout “BOOH”, pointing a pistol at her. The woman got nervous shocked, hence collapsed, and was seriously ill for considerable time. The court held that the accused was aware that his act and nervus shocks comes within the meaning of temporary impairment or hysteria and not only refers to physical hurt and hence the accused had caused infirmity and in turn, hurt.

What is meant by grievous Hurt?

According to section 320, of IPC[4] —The following kinds of hurt can be 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.

And section 322 deals with, “voluntarily causing grievous hurt”.

Grievous hurt has been defined under section 320, in various ways. Therefore, a hurt which is more severe to health is called as grievous hurt. Any act results in death while fulfilling all conditions mentioned under section 299[5], will come under the ambit of culpable homicide and rest all severe hurt are to be treated as grievous hurt.

Classification of Grievous Hurt:

  1. [6]Emasculation: When the private organ of human being is destroyed, which deprive the person of his virility. Where the person can become an impotent.
  2. Permanent privation of the sight of either eye: When there is an act done that amount in loss of either of a the eye sight of a person, it is grievous hurt.
  3. Permanent privation of the hearing of either ear: When there is an act done that amount in permanent loss of hearing or deafness of either of the ears of a person, it is grievous hurt.
  4. Privation of any member or joint: When there is severe damage to any limb or organ or any other body part, it comes under grievous hurt.
  5. Destruction or permanent loss of the power of any member or joint: When there is total destruction of any member of joint of the body or if any member or joint not working properly then also it will come under grievous hurt.
  6. Permanent disfiguration of the head or face:  When there is injury to head and face, and are of such nature that it has wholly destroyed it or if there is deformity of head then it is considered as grievous hurt.
  7. Fracture or dislocation of Bone or tooth: Where the injury of such nature that it has dislocated any bone or teeth, that results in fracture will come under grievous hurt.
  8. When the nature of hurt is such, that it endangers life, and any hurt if continuously gives severe pain for the period of 20 days, which can cause death will come under grievous act.

Ganga Ram v. State of Rajasthan[7]

In this case the accused offered some money to the dancer and asked her for service. When the dancer Reshma denied not obliged him, the accused got infuriated, he took out razor from his pocket and cut the edge of the nose of the dancer. In this regard the court held that cut on the bridge of the nose with weapons like a razor amounts to permanent disfiguration, mentioned in sixthly clause of section 320 of IPC. And held the injury grievous in nature.

Conclusion:

Simple HurtGrievous Hurt
The injury is on the external part of body.The injury could be external or internal causing severe damage or resulting in death.
Simple hurt is simple injury to body.Grievous hurt is a serious form of hurt.
The nature injury includes bodily Pain, disease, infirmity etc. The nature of injury includes damage or destruction to organs of the body like eye, ear, joints, face dislocation or broken etc.
The punishment prescribed is of 1 year or fine.The punishment prescribed is of 7 years with fine.
It will be treated as hurt whether physical contact was there or not, if intention is absent.It should be determined by the intention of the assailants whether their motive was to cause hurt or not.

[1] THE INDIAN PENAL CODE ACT NO. 45 OF 1860

[2] https://www.legalbites.in/law-notes-ipc-hurt-and-grievous-hurt/

[3] AIR 1944 SINDH 19

[4] THE INDIAN PENAL CODE ACT NO. 45 OF 1860

[5] THE INDIAN PENAL CODE ACT NO. 45 OF 1860

[6] https://www.legalbites.in/law-notes-ipc-hurt-and-grievous-hurt/

[7] 1969 CriLJ 1461

Aishwarya Says:

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