Under the Indian Code (IPC), the offence of hurt can be found in the ‘offences affecting the human body’ chapter. Physical assault is one of the main offences that find mention in the IPC. On the basis of the seriousness of the offence, it is divided into the following categories:
1.Assault (Section 351, IPC)
2.Hurt and Grievous Hurt (Section 319, 338, IPC)
3.Culpable Homicide (Section 299, 304, IPC)
4. Murder (Sections 300, 302, IPC)Section 319 of the Indian Penal Code, 1860 defines hurt as: “whoever reasons bodily pain, disorder or disease to any man or woman is said to have caused harm.”
Section 319 to 338 of the Indian Penal Code deals with hurt and Grievous Hurt in various forms.
Section 319 of the Indian Penal Code, 1860 (hereinafter “IPC”) defines hurt as: “whoever reasons bodily pain, disorder or disease to any man or woman is said to have caused harm.”
To constitute hurt any of the following essentials needs to be caused:-
Bodily pain, or
Infirmity to another.
The following kinds of hurt only are designated as “grievous”
Permanent privation of the sight of either eye.
Permanent privation of the hearing of either ear.
Privation of any member or joint
destruction or permanent impairing of the powers of any member or joint
Permanent disfiguration of the head or face
Fracture or dislocation of a bone or tooth
Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in seven bodily pain, or unable to follow his ordinary pursuits.
Section 322 of the IPC characterizes ‘deliberately causing grievous hurt’ as pursues: Whoever deliberately causes hurt, if the hurt which he expects to cause or realizes that himself will generally be prone to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said: “willfully to cause grievous hurt.”
Voluntarily causing hurt: Section 321
Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said: “voluntarily to cause hurt”.
Willfully causing hurt on provocation (Sec. 334)
“Whoever deliberately causes hurt on grave and sudden provocation, on the off chance that he neither means nor realizes that himself will generally probably make hurt any individual other than the individual who provoked, will be rebuffed with the detainment of either description for a term which may reach out to one month, or with fine which may stretch out to 500 rupees, or with both.”
Intentionally causing offensive hurt on incitement (Sec. 335)
“Whoever intentionally causes grievous hurt on grave and unexpected incitement or provocation, on the off chance that he neither expects nor realizes that himself will generally probably make intolerable hurt any individual other than the individual who gave the incitement or provoked him, will be rebuffed with the detainment of either depiction for a term which may reach out to four years, or with fine which may stretch out to 2,000 rupees, or with both.
Section 325: Punishment
Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Difference between Hurt and Grievous Hurt:
1. According to Section 319 of the Code, whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. As per Section 320 of the code, grievous hurt is caused through specific nature of injuries, such as emasculation, loss of sight, loss of hearing, loss of limb or joint, loss of use of any limb or joint, disfiguration of the head or face, fracture or dislocation of a bone or tooth and dangerous to live etc.
2. Simple hurt does not endanger life while grievous hurt may cause danger to life.
3. Simple hurt is not serious while grievous hurt is serious in its nature
4. Hurt is punishable when it is accompanied with other offences, such as voluntarily causing hurt etc, whereas grievous hurt itself is a punishable offence.
5. Simple hurt is little more than frolic which a good natures man would hardly resent but the grievous hurt is that offence which approaches in the economy to murder.
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