Theoretical overview
Hurt
Hurt is considered as a non-fatal crime as it does not threaten life. On the scale of increasing gravity of crime, hurt will have the third place after assault and criminal force. Section 319 to 338 of the Indian penal code consists of the meaning and punishment of the offence of hurt and grievous hurt. Section 319, 321, 323, 324 particularly deals with the offence of hurt.
According to section 319, whoever causes bodily pain disease or infirmity to an person is said to cause hurt while section 321 makes voluntarily causing hurt a offense. Whoever does ny act with the intention of thereby causing hurt 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 to voluntarily cause hurt.
Essentials to the offense of hurt: –
- Bodily pain or disease or infirmity to another person
- Actus reas – act causing hurt
- Mens rea – intention or knowledge of causing hurt
Section 323 establishes the punishment of hurt which is imprisonment which can extend upto 1 year. If the hurt is caused by any dangerous weapon then the punishment can extend upo 3 years under section 324.
Grievous hurt
Section 320 defines grievous hurt. The following categories are designated as grievous hurt: –
- Emasculation – causing loss of potency. This category can only be applied to men
- Permanent privation – loss of sight of either eye
- Permanent privation – loss of hearing of either ear
- Permanent privation – any joint of the human body
- Destruction or permanent impairing of the powers of any joint of the human body
- Disfigurement of head or face
- Fracture or dislocation of bone or tooth
- Hurt which endangers life – when the offender causes the suffer bodily pain of 20 days and more or making him unable to his ordinary pursuits
If it is established that the accused has any one of the kinds of intention, can be held liable under this offense. There is a very thin line between grievous hurt and culpable homicide not amounting to murder. This difference is based on the intention of the assailants as to whether it was their objective to cause death or not. If person had intention or knowledge of causing hurt and cause grievous hurt because of some unforeseeable circumstances, then he will be liable only for hurt.
Section 322 makes grievous hurt an offense and the punishment for the same is given under section 325 which is imprisonment that can extend upto seven years. If grievous hurt is caused by any dangerous weapon. Then the accused will be liable under section 326 which has a provision for imprisonment that can extend upto whole life or 10 years.
Section 326A makes voluntarily causing grievous hurt by use of acid an offence which section 326B makes its attempt an offence. Whoever causes permanent or partial damage or deformity or burns or maims or disfigures or disables any part or parts of the body of the person or cause grievous hurt by throwing acid commits an offence.
Relevant sections
Section 319 Hurt – Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
Section 320 Grievous hurt – The following kinds of hurt only are designated as “grievous”:
(First) – Emasculation.
(Secondly) -Permanent privation of the sight of either eye.
(Thirdly) – Permanent privation of the hearing of either ear,
(Fourthly) -Privation of any member or joint.
(Fifthly) – Destruction or permanent impairing of the powers of any member or joint.
(Sixthly) – Permanent disfiguration of the head or face.
(Seventhly) – Fracture or dislocation of a bone or tooth.
(Eighthly) – Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
Section 321. Voluntarily causing hurt – 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”.
Section 322. Voluntarily causing grievous hurt – Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt.” Explanation. – A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind
Section 323. Punishment for voluntarily causing hurt – Whoever, except in the case provided for by section 334, voluntarily causes hurt, 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.
Section 324. Voluntarily causing hurt by dangerous weapons or means – Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 325. Punishment for voluntarily causing grievous hurt – 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.
Section 326. Voluntarily causing grievous hurt by dangerous weapons or means – Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Important case laws
Jameel Hasan vs. The State (1974) – the accused has bit the nose tip of the victim. The court held that the teeth would be considered as a dangerous weapon because it is an instrument of cutting and can be held liable under 324 or 326
State of Uttar Pradesh vs. Bhagwati Kishore Joshi (1964) – grievous hurt must be distinguished with the simple hurt. The injury under grievous hurt must be such as to cause a permanent or serious disfigurement.
Jashnmal Jhamatlal vs. Brahmanand Sarupanand(1943) – the accused scared the sufferer with a fake pistol. The sufferer had a nervous shock. The court held that the accused can not be held liable as there was no physical touch, neither he intended to do so nor he has caused any infirmity.
Points to remember
- Hurt is considered as a non-fatal crime as it does not threaten life
- Section 319, 321, 323, 324 particularly deals with the offence of hurt.
- Section 323 establishes the punishment of hurt which is imprisonment which can extend upto 1 year. If the hurt is caused by any dangerous weapon then the punishment can extend upo 3 years under section 324.
- Section 320 defines grievous hurt.
- Section 322 makes grievous hurt an offense and the punishment for the same is given under section 325 which is imprisonment that can extend upto seven years. If grievous hurt is caused by any dangerous weapon. Then the accused will be liable under section 326 which has a provision for imprisonment that can extend upto whole life or 10 years.
