Section 319 of the Indian Penal Code defines the offence of hurt. Causing Hurt is basically causing bodily pain, disease or infirmity to any person. It covers only physical pain and not mental pain. By infirmity, it means that the one or more of the organs is unable to carry out the normal bodily function. Such infirmity could be temporary or permanent. Such hurt is punishable under section 323 of the Indian Penal Code.
Section 321 of the Indian Penal Code is an extension of Section 319. It deals with the definition of ‘Voluntarily causing hurt’. It defines it as “whoever does any act with the intention of thereby causing harm to any person, or with the expertise that he’s likely thereby to reason hurt to any individual, and does thereby motive harm to any person, is stated: ‘voluntarily to motive hurt’. To prove the offence under section 321, the element of mens rea is to be necessarily proved.
To constitute any one or more of essentials of simple hurt must be present:
In the State vs Ramesh Dass on 22 May 2015 In a hospital, passing through the corridor, in the new surgical block location, an unknown public individual came from the front and attacked the woman. That individual pulled her hair and threw her to the ground. He hit her on her head together with his hand. Accused was convicted for the offences under Section 341 and 323 of the IPC and acquitted for the offence under Section 354 of the IPC.
Infirmity to another
Jashanmal Jhamatmal vs Brahmanand Swarupanand [AIR 1944 Sind 19]:In this situation, the respondent has been evicted with the aid of the owner. He attempts to get revenge via vacating others from that constructing too. Respondent later confronted with A’s spouse with a pistol in his hand.
In Raka vs. Emperor, the accused was a prostitute and she inflicted syphilis to her customers. It was held that accused, the prostitute was liable under Section 269 of IPC- negligent act likely to spread infection of any disease dangerous to the life of another person.
The draftsman of IPC found it tough to draw a line among those physical hurts, which can be severe, and people who are moderate. However, they special certain types of hurts as grievous hurt.
The following kinds of hurt only are termed as “grievous”:
Permanent injury to eyesight or either of the eye,
Permanent deafness or injury to either of the eye,
Privation of any member or joint (loss of limb),
Impairing of Limb,
Permanent disfiguration of the head or face,
Fracture or dislocation of a bone or tooth,
Any hurt which risks life or which causes the victim to be during the time of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
As observed above, ‘Hurt’ is mischief, injuring, torment, irritation, throbbing, inconvenience, hurting, stinging, throbbing, aches. In every single criminal court, the greater part of the cases is ‘deliberately causing hurt’ cases. When there is a neighbourly settlement between the gatherings in non-compoundable hurt cases like 324 and 326 IPC, it is apparent from the decisions of our legal executive and judiciary that tolerant view is being taken. The Law Commission in its 237th report prescribes that Section 324 IPC ought to be inducted into the ambit of Section 320 CrPC and it ought to hold its unique situation in Table 2 attached to sub-section(2) thereof. Medicinal narrative confirmations like medico-legal reports on harms arranged by the restorative specialists are significant for the courts in making their lawful decisions.
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.
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 firstname.lastname@example.org
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