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Offences Affecting the Human Body
[Chapter XVI 299 to 377]
HURT (SIMPLE AND GRIEVOUS[1] Ss. 319 to 338)
QUESTION BANK
- What is hurt? When does hurt become grievous?
- Distinguish between simple and grievous hurt.
SHORT NOTES
- Hurt and Grievous hurt
- Hurt
SYNOPSIS
I] Hurt
II] Kinds of Hurt
- a) Simple Hurt (Ss 329,321,323)
- b) Grievous Hurt ( Ss. 320 , 322 , 325)
III] Aggravated forms of causing “Hurt” and “Grievous Hurt’.
I] HURT:-
Hurt is causing bodily pain, disease or infirmity to any person.
II] KINDS OF HURT:-
Hurt is of two types, (a) simple, and (b) grievous.
A) Simple Hurt (Ss 319,321,323):-
Whoever causes –
- i) Bodily pain,
- ii) Disease, or
iii) Infirmity to any person is said to cause hurt (S.319).
The pain must be caused by the body. Pain caused to the mind is not relevant here. Pain caused must be the direct result of the act. However, the infirmity may be caused indirectly. Infirmity means the inability of an organ to perform its normal functions, temporarily or permanently. S. 319 does not lay down any requirement of a guilty mind to constitute hurt; therefore, taking blood for blood grouping, forceful medical examination of an accused in a rape case, or performing an operation on the patient may come under the definition of hurt.
However, S. 321 Provides that hurt must have been caused ‘voluntarily’ & ‘not accidentally’ to punish the accused. S. 321 lays down that a person voluntarily causes hurt if he does any act – a) with the intention of thereby causing hurt to any person or
- b) with the knowledge that he is likely, thereby, to cause hurt.
Punishment:-
Imprisonment up to one year or a fine up to Rs.1000 or both (S. 323).
Where there is no intention of causing hurt or no knowledge that the death is likely to be caused by the harm inflicted and death is caused, the accused would be guilty of causing hurt only and not of murder if the injury caused was not serious.
In Abani K. Debnath V/s State of Tripura[2] (AIR 2006 SC 518)
Facts: The accused caused injuries to the deceased with a bamboo stick. The opinion
of the doctor was that all the injuries were simple injuries.
Held: – Accused, convicted for causing ‘simple hurt’.
B) Grievous Hurt (Ss. 320, 322, 325):-
The following kinds of hurts are designed as grievous:-
1) Emasculation- means depriving a man of masculine vigour.
2) Permanent privation of the sight of any eye.
3) Permanent privation of the hearing of either ear.
Thus causing temporary blindness or deafness amounts to hurt but not grievous hurt.
4) Privation of any member or joint.
5) Destruction or permanent impairing of the power of any member or joint
6) Permanent disfiguration of the head or face.
(i.e., Cutting off an ear or nose, or throwing acid on the face, etc.
7) Fracture or dislocation of bone or tooth.
8) Any hurt which endangers life or which causes the sufferer to be during
the space of twenty days, in severe bodily pain, or make not to follow
his ordinary pursuits (S.320).
A person is said to cause grievous hurt voluntarily if he intends to cause (or knows himself to be likely to cause) grievous hurt of any kind and causes grievous hurt of the same kind or any other kind. (Ss. 322).
Punishment: – Imprisonment up to 7 years and fine S. 325.
Illustration
An intending or knowing himself to be likely permanently to disfigure Z’s face, given Z a blow that does not permanently disfigure Z’s face but which causes Z to suffer severe bodily pain for the space of 20 days. A has voluntarily caused grievous hurt.
In Saha Rao’s case
Facts: –The accused, intending to assault a woman who had then a child in her arms, struck her a number of blows, one of which fell on the child’s head, causing its death.
Held: – that the accused had been guilty of voluntarily causing grievous hurt.
III] Aggravated[3] forms of causing “Hurt” and “Grievous Hurt’.
Following are the aggravated forms of simple and grievous hurt. They are, therefore, punished severely, viz –
1) Causing hurt by dangerous weapons. (S. 324, S.326).
2) Voluntary causing grievous hurt by use of acid, etc. (S. 326A)
3) Voluntarily through the wing or attempting to throw acid (S. 326B)
4) Causing hurt to extort property or constrain him to do an illegal act.
(S. 327 and S. 329)
5) Causing hurt to extort confession or to compel restoration of property
(S. 330 and 331)
6) Causing harm to deter public servants from their duty. (Ss[4]. 332 to 333).
7) Causing harm through poison in order to commit an offence (S. 328).
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[1] दुखापत साधी व गंभीर [चोट (साधी और गंभीर)]
[2] In Bysagoo Noshyo
Facts: – A on a grave and sudden provocation gave B a stick blow on the abdomen, B had an enlarged spleen which got punctured by the blow and B died in consequence.
Held: – That the death caused without intention or knowledge is not applicable. Therefore as A wanted to cause hurt, he was punished for the same.
In Sayed A. Ahmed V/s. State of Maharashtra (2008 All MR 1082)
Facts :- Injuries were caused by barbers razor. Injured Should be established to be suffering bodily pain during phase of 20 days or unable to follow his ordinary pursuit. No evidence was brought to show that injured suffered any of the above injury.
Held :- The offence of simple hurt and not grievous has taken place.
[3] दुखापती संबंधीचे इतर गंभीर गुन्हे [चोट से जुड़े अन्य गंभीर अपराध]
[4] The term “S” denotes “Section”, and “Ss.” denotes “Sections”.