Hurt and Grievous Hurt
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Section 319 of IPC defines the word “hurt”, which states. It means causing bodily pain, disease or infirmity to any person. It just includes the physical pain and not the mental pain. This can be considered as a “simple hurt” The punishment for this simple hurt is defined under Section 323 of IPC. In other hand, Section 320 defines “grievous hurt”. Grievous hurt is more than a simple hurt. There may be injury of external or internal part of the body causing bodily pain. In the case of grievous hurt, the risk of life is more. Therefore the punishment is also grave, which is mentioned in the Section 325 of IPC.
Hurt is defined under section 319 of Indian Penal Code as “Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.” Section 319 makes it clear that to constitute Hurt, any of the following forbidden act needs to be caused: Bodily pain, Disease or Infirmity. Where there is no intention to cause death nor knowledge that death is likely to be caused from the harm inflicted, and the death is caused the accused world be guilty of hurt only if the injury was not serious.
In case of Beshor Bewa, the accused was charged with the offence of voluntary causing hurt where she kicked her 10-year-old daughter on her back and slapped her, because of which she died.
Grievous hurt is defined under section 320 of Indian Penal Code, stating eight kinds of offences that will amount to causing grievous hurt. The hurts that are designates as grievous in nature are: emasculation, permanent privation of sight of either eye or 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 or any hurst which endangers life of any person. It is more of a serious nature.
When we talk about the specific concept of hurt and grievous hurt, both differ from each other in certain ways. The offence of grievous hurt specifically covers emasculation, loss of sight, loss of limb, fracture, disfiguration, etc. whereas hurt broadly covers Bodily pain, Disease or Infirmity. The offence of grievous hurt is more serious in nature than hurt. The offence of hurt is non-cognizable, bailable and triable by any Magistrate where as that of grievous hurt is cognizable, bailable, compoundable with the permission of the Court and an important point to not in grievous hurt is that it does not needs to be accompanied by any other offence to make it punishable but the same is not the case with hurt. The punishment of both the offences are provided under separate sections of IPC.What is the difference between hurt and grievous hurt?
In the normal sense, hurt means to cause bodily injury and/or pain to another person. IPC defines Hurt as follows –
Section 319 – Whoever causes bodily pain, disease, or infirmity to any person is said to cause hurt.
Based on this we can make out , the essential ingredients of Hurt are –
i. Bodily pain, disease or infirmity must be caused – Bodily pain, except such slight harm for which nobody would complain, is hurt.For example, pricking a person with a pointed object like a needle or punching somebody in the face, or pulling a woman’s hair. The duration of the pain is immaterial. Infirmity means when any body organ is not able to
function normally. It can be temporary or permanent. It also includes state of mind such as hysteria or terror.ii. It should be caused due to a voluntary act of the accused.
Section 320 lays down the following kinds of hurt only which are designated as “grievous”:
(1) Emasculation i.e., depriving a person of masculine vigour;
(2) Permanent privation of the sight of either eye;
(3) Permanent privation of hearing of either ear;
(4) Privation of any member of joint
(5) Destruction or permanent impairing of the powers of any member or joint:
(6) Permanent disfiguration of the head or face
(7) Fracture or dislocation of bone or tooth; and
(8) Any hurt which endangers life or which causes the sufferer to be during the space of 20 days in severe bodily pain, or unable to follow his ordinary pursuits—(seven years, and fine).Differences between them –
The risk of life is much more grave in case of grievous hurt than in case of hurt.
The offence of hurt is non-cognizable , bailable and triable by any magistrate. Whereas the offence of grievous hurt is cognizable ,bailable,compoundable with the permission of court.
Punishment of hurt is given under section 323 of ipc and punishment for grievous hurt is given under section 325 of ipc.By -Divyansh Jasoria
Section 319 of the Indian Penal Code, 1860, provides a definition for the offence of “hurt.” This word refers to inflicting harm on a person in any way, including bodily discomfort, disease, or infirmity. The term “infirmity” refers to the inability of one or more organs to perform their usual functions. This ailment could be transient or long-term. An injury to a person’s body is commonly referred to as being hurt. The term “simple injury” refers to an injury that is caused by a simple hurt. The external component of the body is injured when a simple injury occurs. In such circumstances, the suffering is limited to physical rather than mental suffering. As a result, such harm is punished under Indian Penal Code section 323. A year in prison or a fine is the punishment.
While on the other hand, under section 320 of the Indian penal Code, the term “grievous hurt” is defined. Wherein the body’s outside or inner parts are gravely wounded, causing bodily anguish. Important body organs, such as the eye, ear, joints, and face displacement or fracture, may be injured. Grievous pain is a type of extreme pain. The penalty is a seven-year prison sentence and a fine. In the case of serious injury, the chance of death is substantially higher.
The following kinds of hurt only are designated as ‘grievous’: –
a. Emasculation;
b. Permanent privation of the sight of either eye;
c. Permanent privation of the hearing of either ear;
d. Privation of any member or joint;
e. Destruction or permanent impairing of the powers of any member or joint;
f. Permanent disfiguration of the head or face;
g. Fracture or dislocation of a bone or tooth;
h. 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.
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