VOLUNTARILY CAUSING GREVIOUS HURT

In India’s Courts of Judicial Magistrate First Class, “Hurt” cases make up a significant portion of criminal proceedings at the moment. For instance, crimes punishable by Sections 323, 324, and 326 of the Indian Penal Code, 1860. Without these cases, there would be no criminal court. The words “hurt” can also mean “influence damage to,” “cause pain to,” “harm,” “debilitate,” “wound,” “cracked,” or “weaken.” It means “be unfavorable to” in other words. When “wounds” is used as an action word in a definition, it does not distinguish between harm of a “simple character” and harm of a “grievous nature”. The creators believed that it was difficult to create a distinction between significant damages that are serious in nature and those that are minor. As they put it, to create such was completely impossible to draw a line with such accuracy. As a result, some types of harm were classified as grievous. “A person is considered to have “voluntarily caused severe hurt” if the harm they aim to inflict or know they are likely to do is grievous harm and if the harm they actually cause is grievous harm.”

Explanation– Only when a person injures someone severely and knows or wants to injure someone severely is it considered to be done freely. However, he is considered to have caused severe harm voluntarily if, despite having the intention or knowledge that he is likely to do so, he instead causes grievous harm of a different sort.

Illustration A strikes Z with the intent of knowing that he will certainly permanently disfigure Z’s face but does not do so face, but for the next twenty days, Z has excruciating physical agony as a result. A deliberately damage someone else.

What to do if you’re a victim of grievous harm?

Both the victim and even the accused must deal with the consequences of a crime as terrible as grievous harm. A person accused of committing an offence under S. 325 may receive harsh punishments if found guilty. However, it is also challenging for the prosecution to support the accusations that have been made. Because of this, it’s crucial that both the accused and the victim fully prepare for the case. Before and after being arrested, a person involved in such a case has to be aware of all of his or her rights. One can use their lawyer for assistance with this. Additionally, one should create a chronology of events and write it down on paper so that it is simpler to give the attorney a case summary. As a result, the attorney will be better able to plan a strategy for the trials and persuade the judge to rule in your favor. Additionally, it’s critical to have a thorough grasp of the legal principles at play in a murder case. To understand the process and the applicable law, one must sit down with their attorney. Additionally, it is essential that you conduct your own research, comprehend the hazards, and know how to mitigate them.

 What to do if you’re a victim of a bogus grievous harm claim?

There may be circumstances in which a person must have been wrongly accused of committing the crime of serious harm. In such circumstances, the accused must speak with his or her attorney and thoroughly describe the situation to him or her, without even little modifications as these might have a significant effect on the outcome of the case. If you feel you were unsuccessful in getting your attorney to comprehend any of the case’s technicalities before, you should have a lengthy discussion with them about the issue, maybe more than once. Additionally, with the aid of your attorney, you must conduct your own study into the matter and make the necessary preparations for the trials. You must carefully abide by your attorney’s directions and seek counsel on all matters, including those that seem insignificant as your appearance in the court.

How can I seek bail in a case of grievous harm?

It is not particularly difficult to get bail because the offence covered by Section 325 is one that is bailable in nature. A criminal attorney should be contacted, nevertheless, so that you may be pointed in the appropriate route and get bail without too much difficulty.

Case Laws relating to Voluntarily Causing Grievous Hurt

1-The harm induced by a sharp-edged object to muscular nerves was deemed to be a simple pain and not a serious one in the case of State of Karnataka v. Siddegowda and Anr. (1995). However, in A.C. Gangadhar v. State of Karnataka (1998), it was determined that an axe wound to the forehead fell within Section 326, making the one-year sentence of hard imprisonment appropriate.

2-The Supreme Court was debating this matter in the case of Omanakuttan v. State of Kerala (2019), which involved a Special Leave Petition. The accused doused the victim, whom the former despised, with acid in 1997. In addition to the discomfort and scars, the sufferer was unable to carry out any regular tasks. The Court ruled that the sentence given to him—simple imprisonment for a year and a fine of Rs. 5,000 with a default clause—was neither harsh nor insufficient. It maintained the sentence but refrained from lengthening it.

CONCLUSION

As was already said, the definition of “hurt” includes harm, anguish, pain, aggravation, throbbing, annoyance, hurting, stinging, and aches. The majority of instances are “deliberately causing harm” proceedings, which are heard in every criminal court. The rulings of our legal executive and judiciary make it clear that a tolerant stance is being taken where there is a friendly settlement between the groups in non-compoundable injury cases like 324 and 326 IPC. In its 237th report, the Law Commission recommends that Section 324 IPC be added to the scope of Section 320 CrPC and that it be given special consideration in Table 2 appended to subsection (2) thereof. Medical narrative evidence, such as medico legal reports on injuries organized by rehabilitation professionals, is important for the courts in making decisions about their moral judgments. The damage reports must specifically state the types of injuries and weapons, legal classifications of damages, and the victims’ ages: The capacities of the remedial master observers are strengthened through medical-legal training and interactions. In my opinion, the Government of India must find a means to amend Section 320 of the Cr.P.C. to combine cases under Section 324 of the IPC in order to lessen the pending nature of these cases. The victim is positioned to counter the antagonistic statements made by the person who was blamed but afterwards expressed regret and remorse. Criminal law need to be open to taking note of such situations and should provide a way to halt the criminal process with relation to particular categories of offences. The rationale for making offences worse is as a result. Unexpectedly, the aggravating strategy reassures the courts of the significance of the instances taken together. Before you speak, make sure to taste your words.

References

“IPC Section 325 – Punishment for Voluntarily Causing Grievous Hurt – Punishment and Bail” (lawrato.com) <https://lawrato.com/indian-kanoon/ipc/section-325&gt; accessed November 4, 2022

“IPC Section 322 – Voluntarily Causing Grievous Hurt” (A Lawyers Reference) <https://devgan.in/ipc/section/322/&gt; accessed November 4, 2022

“IPC Section 326A. Voluntarily Causing Grievous Hurt by Use of Acid Etc.” (Latest Laws) <https://www.latestlaws.com/bare-acts/central-acts-rules/ipc-section-326a-voluntarily-causing-grievous-hurt-by-use-of-acid-etc-/&gt; accessed November 4, 2022

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