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HURT

The document outlines the definitions and legal implications of hurt and grievous hurt as per the Indian Penal Code, 1860. Hurt is defined as causing bodily pain, disease, or infirmity, while grievous hurt involves more severe injuries that risk life or cause long-term suffering. Punishments for these offenses vary, with simple hurt punishable by up to 1 year of imprisonment and grievous hurt by up to 7 years.

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13 views5 pages

HURT

The document outlines the definitions and legal implications of hurt and grievous hurt as per the Indian Penal Code, 1860. Hurt is defined as causing bodily pain, disease, or infirmity, while grievous hurt involves more severe injuries that risk life or cause long-term suffering. Punishments for these offenses vary, with simple hurt punishable by up to 1 year of imprisonment and grievous hurt by up to 7 years.

Uploaded by

padmakshisanjaykulkarni
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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HURT, GREVIOUS HURT, VOLUNTARILY CAUSING HURT

All the offences affecting human lives physically are present in Chapter 16 of the Indian
Penal Code, 1860.
This chapter contains a part which deals exclusively with offences of hurt.
Section 319 basically defines hurt and the succeeding sections define aggravated forms
of hurt.

A] HURT
Hurt means to cause pain or injury to someone.
It can be mental and emotional pain as well.
Hurt is given under section 319 of IPC
According to Section 319, whoever causes bodily pain, disease or infirmity to any
person is said to cause hurt.
The term ‘hurt’ refers to the effect of an action that has caused bodily discomfort, or
injury to a person’s body.
In other words, the victim must suffer some physical harm or pain or mental harm
due to the actions of the offender.

To constitute hurt it is necessary to cause:

(i) Bodily plain,

(ii) Disease, or

(iii) Infirmity to another. (physical or mental weakness)

1. Bodily pain

Whoever causes bodily pain to another is said to cause hurt.

There must be physical harm that will cause bodily pain.

Physical pain is a fundamental part of suffering


The expression ‘physical pain’ means that the pain must be physical instead of any
mental pain.

it isn’t always important that any visible injury should be caused.

The existence of bodily pain is an important factor for determining whether or not
the action caused hurt.

Pulling a girl with her hair would amount to hurt.

2. Disease
Beyond mere bodily pain, the hurt caused should also create a temporary disorder or
disease to the victim’s mental or physical state.
The effect of the action should be such that it affects the victim’s whole well-being
hurt involves a larger variety of effects which go beyond physical pain.
Also, when a person communicates a particular disease to another, such person
would be guilty of hurt.

3. Infirmity to another
Infirmity means inability of an organ to perform its normal function which may either
be temporary or permanent
It is unsound or unhealthy state of the body or mind

PUNISHMENT - When a person voluntarily causes hurt to somebody, the court can
punish him with imprisonment up to 1 year. The court can also levy a fine of maximum
Rs. 1,000 in addition to the imprisonment. (imprisonment up to 1 year or fine or both )

In simple hurt, the injuries caused are bodily pain, disease, infirmity, etc.
In grievous hurt, the injuries are caused to the body's essential organs like the eye,
Ear, joints, permanent face or head disfiguration, fracture, etc.
Simple hurt is non-cognizable and bailable.
Grievous hurt is cognizable, bailable
B] GREVIOUS HURT
Section 320 defines grievous hurt.
Grievous hurt is a hurt that is more than a little causing harm and less than culpable
homicide.
The risk to one's life is higher than the case of a simple hurt. Thus, making it more
severe.
Grievous hurt under Section 320 is an aggravated form of simple hurt under Section 319
In grievous hurt there is possibility of endangering life, causing long-term suffering,
resulting in permanent impairment, or having a severe influence on the victim’s
physical well-being.

According to section 320, I.P.C., eight kinds of hurts are designated as grievous. They
are as follows

Firstly- 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.
-

It is clear that grievous hurt is more serious kind of hurt


It must be a hurt of any of the kinds stated in section 320, I.P.C. and must be caused
voluntarily.
Grievous hurt is said to be caused when specific type of hurt is caused-
1)) Emasculation-This clause is only applicable to men and it means to render a man
impotent.
2) injury to eyesight- the loss of eyesight can be partial or even complete. Also
includes an injury that leads to the reduction of vision of an individual

3) inflicting deafness- The deafness has to be permanent. he loss of hearing of either


or even both the ears. This loss can also be either partial or complete.
4) Loss of limb or joint
5) Impairing a limb or joint
6) Permanent disfiguration of head or face
7) Fracture or dislocation of bone or teeth
8) Any hurt which- risks life or which causes the victim during the time of 20 days
severe bodily pain, or to not able to follow his ordinary pursuits.

Punishment for grievous hurt: Imprisonment up to 7 years and fine

C] VOLUNTARILY

321. Voluntarily causing hurt

Whoever does any act with the intention of causing hurt to any person, or with the
knowledge that he is likely to cause hurt to any person, causes hurt to any person, is said
"voluntarily to cause hurt".

322. Voluntarily causing grievous hurt

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.

Here, there is – INTENTION, KNWOLEDGE AND THE ACT OF CAUSING HURT/ GRIEVOUS
HURT

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