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    Hurt and Grievous Hurt

    Uploaded by

    Harshit Sharma
    The document discusses the difference between hurt and grievous hurt under the Indian Penal Code. It notes that hurt and grievous hurt are classified based on the severity of physical assault, with more serious kinds of hurt designated as grievous. Grievous hurt includes emasculation, permanent disability or disfigurement, fractures, injuries that endanger life or cause severe pain for 20 days. Grievous hurt can endanger life while simple hurt does not. The offense of causing grievous hurt is cognizable with higher punishment compared to causing simple hurt. Lastly, it is the duty of medical practitioners and courts to properly interpret and apply the law regarding hurt and grievous hurt.

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    Hurt and Grievous Hurt

    Uploaded by

    Harshit Sharma
    121 views2 pages
    The document discusses the difference between hurt and grievous hurt under the Indian Penal Code. It notes that hurt and grievous hurt are classified based on the severity of physical assault, with more serious kinds of hurt designated as grievous. Grievous hurt includes emasculation, permanent disability or disfigurement, fractures, injuries that endanger life or cause severe pain for 20 days. Grievous hurt can endanger life while simple hurt does not. The offense of causing grievous hurt is cognizable with higher punishment compared to causing simple hurt. Lastly, it is the duty of medical practitioners and courts to properly interpret and apply the law regarding hurt and grievous hurt.

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    The document discusses the difference between hurt and grievous hurt under the Indian Penal Code. It notes that hurt and grievous hurt are classified based on the severity of physical assault, with more serious kinds of hurt designated as grievous. Grievous hurt includes emasculation, permanent disability or disfigurement, fractures, injuries that endanger life or cause severe pain for 20 days. Grievous hurt can endanger life while simple hurt does not. The offense of causing grievous hurt is cognizable with higher punishment compared to causing simple hurt. Lastly, it is the duty of medical practitioners and courts to properly interpret and apply the law regarding hurt and grievous hurt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    121 views2 pages

    Hurt and Grievous Hurt

    Uploaded by

    Harshit Sharma
    The document discusses the difference between hurt and grievous hurt under the Indian Penal Code. It notes that hurt and grievous hurt are classified based on the severity of physical assault, with more serious kinds of hurt designated as grievous. Grievous hurt includes emasculation, permanent disability or disfigurement, fractures, injuries that endanger life or cause severe pain for 20 days. Grievous hurt can endanger life while simple hurt does not. The offense of causing grievous hurt is cognizable with higher punishment compared to causing simple hurt. Lastly, it is the duty of medical practitioners and courts to properly interpret and apply the law regarding hurt and grievous hurt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    ‘Difference between Hurt and Grievous Hurt’

    The Indian Penal Code, 1860 in Chapter XVI covers hurt and grievous hurt as two distinct
    offences affecting the human body. The code on the basis of gravity of the physical assault has
    classified hurt into simple and grievous so that the punishment awarded to the accused is
    commensurate to his guilt.

    Hurt Explained
    There is a close resemblance between Assault and Hurt. The literal dictionary meaning of hurt
    contemplate the causing of pain or injury by one person to another. Section 319 of the IPC
    defines hurt as “Whoever causes bodily pain, disease or infirmity to any person is said to cause
    hurt.” Such pain may or may not be caused by direct physical contact.
    Section 323 lays down penal provisions for voluntary causing hurt, whoever causes hurt
    otherwise than on grave and sudden provocation (Section 334) shall be punished with
    imprisonment of either description for a term which may extend to one year, or with fine which
    may extend to one thousand rupees, or with both.
    In D. Ram v. State of Rajasthan,1 where the accused inflicted a single lathi blow on the head of
    the deceased causing simple injury, and the deceased died due to haemorrhage, the Rajasthan
    High Court altered the conviction from Section 302 to Section 323, holding that the accused
    did not have knowledge that single blow of lathi could cause such injury as to result death.

    When Hurt is designated as Grievous Hurt?


    Grievous hurt is a more serious kind of hurt. Section 320 lays down kinds of hurt which are
    designated as grievous, which are as follows:
    1. Emasculation2
    2. Permanent privation of sight of either eye,
    3. Permanent privation of hearing of either ear,
    4. Privation of any member or joint,
    5. Destruction or permanent impairing of the powers of any member or joint,
    6. Permanent disfiguration of head or face,
    7. Fracture or dislocation of bone or tooth, and
    8. Any hurt that endangers life; causes the sufferer to be in the bed during space of 20
    days in severe body pain.
    It is pertinent to note that there is no importance of intention under Section 319 & 320.
    Section 324 lays down penal provisions for voluntary causing grievous hurt, whoever causes
    grievous hurt otherwise than on grave and sudden provocation (Section 335) shall be punished
    with imprisonment of either description for a term which may extend to seven years and shall
    also be liable to fine.

    1
    1996 Cr LJ 3672 (Raj) (DB)
    2
    Depriving a male of masculine vigour, castration.
    Hurt and Grievous Hurt distinguished:
    The line separating Grievous Hurt and Culpable Homicide is very thin. Some key points of
    differences between Hurt and Grievous Hurt are as follows:
     Simple hurt does not endangers life whereas grievous hurt may cause endanger to life.
     Simple hurt includes bodily pain, disease and infirmity to any person, whereas grievous
    hurt constitutes of 8 kinds of hurt which are said to be grievous in nature.
     The nature of Hurt is simple and less serious as compared to in cases of grievous hurt.
     The offence of voluntary causing hurt is non-cognizable while the offence of voluntary
    causing grievous hurt is cognizable.
     The punishment prescribed for causing voluntary hurt is imprisonment up to 1 year or
    with fine extending to Rs. 1,000 or both which is lesser than the punishment prescribed
    for voluntary causing grievous hurt which is imprisonment for a term which may extend
    to 7 year and shall also be liable to fine.

    Lastly, it is the duty of a medical practitioner to know the law correctly and apply it in its strict
    sense. It finally rests upon the Judiciary to interpret the law taking into account the fact and
    circumstances of each case.

    References:
    1. Justice Thomas KT, Rashid MA, THE INDIAN PENAL CODE, Lexis Nexis, 34th Edn.
    2. Atal DK, Naik SK, Das S, HURT & GRIEVOUS HURT IN INDIAN CONTEXT, J
    Indian Acad Forensic Med. April-June 2013, Vol. 35, No. 2
    3. 1996 Cr LJ 3672 (Raj) (DB)

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