Hurt and Grievous Hurt – 319-338

319 – Hurt def.

320 – Grev hurt defined
321 – Voluntarily causing hurt
322 – Voluntarily causing grev hurt
323 - Punishment for hurt
324 - Punishment for hurt by dangerous weapon
325 - Punishment for grev hurt
326 – Punishment for grev hurt by dangerous weapon

HURT:

To constitute hurt (battery under English Law) it is necessary to cause:

(i) Bodily pain,

(ii) Disease, or

(iii) Infirmity to another.

- actus reus – act causing hurt

- mens rea – intention or knowledge of causing hurt

(i) Bodily pain.--

Bodily pain, except so slight a harm of which, no person of ordinary sense or temper would
complain of, is covered by the definition of hurt.

To cause hurt there need not be any direct physical contact; Jashanmal Jhamatmal v
Brahmanand Sarupanand, AIR1944 Sind 19. Where the direct result of an act is the causing of
bodily pain it is hurt whatever be the means employed to cause it.

(ii) Disease.--

A person communicating a particular disease to another would be guilty of hurt. However, there
appears to be conflicting judicial decisions with respect to cases of communication of sexual
diseases by one to another.

In Raka v. Emperor, 1887 ILR11 Bom 59 the Bombay High Court held a prostitute who had
sexual connection with the complainant and thereby communicated syphilis, liable under section
269, I.P.C., for spreading of infection and not of causing hurt, because the interval between the
act and disease was too remote to attract sections 319 and 321, I.P.C.

(iii) Infirmity.--

Infirmity means inability of an organ to perform its normal function which may either be
temporary or permanent. It denotes an unsound or unhealthy state of the body or mind; such as a
state of temporary impairment or hysteria or terror; Jashanmal Jhamatmal v. Brahmanand
Sarupananda, AIR 1944 Sind 19.

321: Voluntarily causing Hurt

The instances are:

1. doing of an act,

2. to any person,

3. With the goal or know-how of causing harm.

323 - 1 year punishment

324 - 3 years punishment for usage of dangerous weapon

320. Grievous hurt

The following kinds of hurt only are designated as "grievous":--

Firstly.-- Emasculation.

Secondly.-- Permanent loss of the sight of either eye.

Thirdly.-- Permanent loss of the hearing of either ear,

Fourthly.-- Loss 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.

Dangerous Hurt:

The provisions contained in clause 8 of section 320, I.P.C., are of a general nature. This clause is
borrowed from French Penal Code. It refers to three classes of injuries which are not covered
under any one of the above clauses 1 to 7 of the section 320. It labels the following hurts as
grievous, viz., those:

(i) Which endangers life; or

(ii) Which causes the sufferer to be, during the space of 20 days, in severe
bodily pain; or

(iii) Which causes the sufferer to be, during the space of twenty days,
unable to follow his ordinary pursuits;

Laxman v. State of Maharashtra, 1974

Very thin line of difference between Grievous Hurt and Culpable Homicide. The difference is
based on the intentions of the assailants as to whether it was their objective to cause death or not.

322 – intention + knowledge + sec. 320

325: 7 years punishment for Grev hurt

326 A – Grev hurt by throwing acid – 10 yrs + fine (paid to victim and reasonable enough to
meet medical expenses)

326 B – 5-7 years, attempt to throw acid

327 – Hurt to extort propert or to constrain an illegal act

329- grev hurt “

328 – Hurt by poison

330 – hurt to extort confession

331 - grev hurt “

332 – hurt to deter public servant from duty

333 - grev hurt “

334 – Hurt on provocation

334 – grev hurt “

337 - Hurt by act endangering life or personal safety of others

338 – Grev hurt “

336 – Act endangering life or personal safety of others