Hurt : Section 319
Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
1. To cause hurt, a person causes bodily pain to the other. OR,
2. One can communicate a disease to the other person. OR,
3. A person may cause infirmity to the other person.
Note: Bodily pain does not include mental pain.
Example 1: A, a person beats B with a stick in order to get his work done. Here A is causing hurt to B by giving him bodily pain.
Example 2: A, a person suffering from communicable disease deliberately comes in contact with another person B to make him infected. Here A is causing hurt to B.
Example 3: A knows that B has a weak heart. He deliberately goes to B in the early morning and gives him news that his son has committed suicide. And B, in consequence of this shock, faces a heart attack. A has caused hurt.
Punishment for Hurt
If any person causes hurt as described in section 319 of the Indian Penal Code, he shall be punished up to the period of 1 year or fine or 1000 rupees fine or both.
Grievous Hurt : Section 320
There are 8 situations or cases which amount to grievous hurt to a person. These are as follows –
1. Emasculation
2. Injury to Eyesight
3. Deprivation of hearing
4. Loss of Limb or Joint
5. Impairing of Limb
6. Permanent disfiguration of head or face
7. Fracture or dislocation of bone or tooth
8. Endangering life, severe bodily pain, etc.
Lets see all these kinds of grievous hurts in details :
- Emasculation
Where the person can become an impotent. This hurt can be caused to only males because it means depriving a man of his sexual capability. It takes away the power of a man to perform sexual activities. It can be done by squeezing the testicles of a man as a counteract.
For making the case under grievous hurt, the impotence of a man must be permanent and not temporary.
- Injury to Eyesight
If any person causes injury to either of the eyes or both eyes of a person, then he causes grievous hurt. The injury must be of a permanent nature. It may be deprivation of the visual power of a person.
- Deprivation of hearing
If any person causes injury to either of the ear or both ears of a person and it makes the other person deaf permanently, then the person is said to cause grievous hurt.
- Loss of Limb or Joint
If any person deprives the other person of any member or joint, he causes grievous hurt. The joint is the area where two bones are joined. Depriving of a limb or joint makes a person incapable of doing tasks by such organs or limbs or joints.
For example, cutting down the hand from the human body shall cause loss to the person.
- Impairing of Limb
The permanent impairment of the limb is a serious damage to the body. Impairing is the destruction of that joint or organ. Such injury lessens the power of that organ to function normally.
For example, A causes such harm to the knee joint of B, that B is unable to bend his leg to sit. ‘A’ has impaired the powers of the B organ.
- Permanent disfiguration of head or face
Where the act of the person causes such injury to another person, which results in disfiguration of the actual structure of that part of the body, causes grievous hurt.
For example, If A hits a sharp-edged weapon on B’s face, and as a consequence, a piece of B’s face mass falls down. ‘A’ has disfigured B’s face.
- Fracture or dislocation of bone or tooth
A fracture means when the bone of a person gets broken and dislocation means when the bone or tooth of a person actually shifts or gets dislocated from its actual position.
For example, A hits on the elbow of B with an iron rod while he was sleeping. As a result, the joint bone of B got dislocated from its actual place and shifted slightly left. ‘A’ has caused grievous hurt.
- Endangering life, severe bodily pain, etc.
If the act of a person puts another person’s life in danger. OR,
Cause severe bodily pain that a person suffers for 20 days. OR,
Causes severe bodily pain that the person is unable to do his ordinary work and daily activities for a period of 20 days, he is said to cause grievous hurt.
Note: If a person is unable to go to his office or work does not mean grievous hurt under this section.
Punishment for Grievous Hurt
If any person causes injury enumerated in section 320 of the Indian penal code, he is said to cause grievous hurt. The person shall be punished with imprisonment up to 7 years and fine.
Sections 326A and 326B fall under Chapter 16 of Indian Penal Code which talks about offences affecting the human body. Section 326A of IPC talks about voluntarily causing grievous hurt by use of acid, etc. whereas Section 326B deals with voluntarily throwing or attempting to throw acid.
Section 326 – A : Voluntarily causing grievous hurt by use of acid etc.
Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than 10 years but which may extend to imprisonment for life, and with fine;
Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim;
Provided further that any fine imposed under this section shall be paid to the victim.
Section 326 – B : Voluntarily throwing or attempting to throw acid.
Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than 5 years but which may extend to 7 years, and shall also be liable to fine.
Explanations
(1) For the purposes of section 326 – A and this section, “acid” includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.
(2) For the purposes of section 326 – A and this section, permanent or partial damage or deformity shall not be required to be irreversible.
It is Triable by Court of Session and the offence is Cognizable and Non-bailable.
Also Read:
Wrongful restraint and Wrongful confinement under IPC (simplified)
General Explanations under the IPC (Section 6-52A)
Cruelty to married woman under IPC – Short note
