HURT AND GRIEVOUS HURT
Author : ADITI MAURYA of The ICFAI University, Dehradun
Hurt
Hurt is defined under section 319 of the IPC 1862.
It is define as the bodily pain which caused but the actual contact with another person’s body,
by an aggravated assault. There is very basic difference in between assault and hurt.
The main ingredients of Hurt are:-
1. Bodily Pain
The pain to the bodily not the mentally, If the person suffer the bodily pain by the effects of any kind of drugs, poison will covered under the hurt. If there is no serious intension to cause death.
2. Disease
A spread of disease from one person to another person by way of bodily contact that would constitute the hurt. However, the position is not defined or mentioned anywhere in relation to the communication of the disease, in case of sexually transmitted disease the person is liable under the section 269 of IPC, but that does not attract the offence of hurt.
3. Infirmity
It is an inability of the several organs to perform its normal functions, weather temporarily or permanently. It brought by the involvation of the serval kind of poison or drugs.
voluntarily causing hurt
defined under section 321 of IPC, in section 319 the actus reus in discussed but under this section involment of mens rea is been discussed which means, the person which actually get hurts that was already intended to been hurt by another person.
The punishment is given under section 323 of IPC for the related sections 319 and 321, which is term imprisonment for 1 month or 1000 rupees or with both.
Grievous hurt
Grievous hurt is define under the section 320 of the IPC. It is difficult to draw lines between the hurt and grievous hurt, there is difference. However, there are certain type of hurt to the body which creates line in between hurt and grievous hurt.
- Emasculation,
- Permanent injury to eyesight or either of the eye,
- Permanent deafness or injury to either of the eye,
- Privation of any member or joint (loss of limb),
- Impairing of Limb,
- Permanent disfiguration of the head or face portion,
- Fracture or dislocation of a bone or teeth,
- Any hurt which risks life or which causes the victim to be during the time of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
Voluntarily causing grievous hurt is mentioned under section 322 of the IPC, intentionally causes such type of harm which makes person unable to perform his or her normal routine for atleast 20 days. Then only the case will file under the respected section and action will be taken. The punishment is given under section 325 of IPC as per respected section the punishment is awarded for 7 years or more and fine is also included.
Now, I am going to discussed about some extended forms of Hurt and Grievous hurt.
1. Causing Hurt or Grievous hurt by use of Deadly weapons-
Deadly weapon the word discussed under section 324 and 326 of IPC. The true meaning of deadly weapon is not defined anywhere, it is decided by case to case. In general terms the word deals with the weapons like knife, loaded pistol, broken bottle of soda and many more like that. But lathi does not comes under deadly weapon.
2. on Provocation-
The act done under the sudden circumstances , in heat of passion. We can say that, it is a sudden loss of mental health for temporally time period. This does not use as a self- defence, however it may reduces the amount of punishment.
3. By Acid Attack-
There are two section which deals with this issue that is 326 A and 326 B. In 326 A the charge over accused for throwing acid on victim, whereas in section 326 B the charge put on the accused for Attempt to throw acid on the victim. Hence both the sections does not gender specific under these two sections male and female both can be victims and both gender can be the wrong doer.
4. Through poison-
Drugs, poison any kind of medication falls under this section. Only supply of the poison under section 328, does not completely held guilty the accused unless and until the person does not dead. This section combines with section 324 by use of deadly weapon, as poison comes under deadly weapon.
5. To extort Property and Confession-
The extortion of property deals under section 327 and 329, as per these sections the accused constrain the person in fear of his property for any illegal act. Extortion to get confession is used by the person against the public servant, so that person were not tortured by the public servant and get the statement. Basically this section protects the arrested man to remedy by fake police custody.
6. To deter Public servant-
Section 332 and 333 as per these sections the protection is given to the public servant from public in general who tries to prevent the public servant from performing his lawful duty. Most of the time mob, crowd, protestor try to prevent the public servants from his duties and many times they attacked on them, in a way so that they can not interferes in their matter ( which is unlawful and against the norms of peaceful world or society).
Conclusion
Under section 319, IPC, there is nothing to that the hurt should be caused by direct physical contact between accused and victim. However, the pain must be bodily and not mental and may be caused by any means. Under section 320, any injury may be called grievous only if it endangers life. A simple injury cannot be grievous simply because it happens to be caused on a vital part of the body close to the heart, unless the nature and dimensions of the injury or its effect are such that on the opinion of the doctor it actually endangers the life of the victim.
