Hurt and Grievous Hurt

Forums Indian Penal Code, 1860 Hurt and Grievous Hurt

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  • #3701

    Under the Indian Penal Code, 1860, there are two kinds of bodily hurt – simple hurt and grievous hurt.

    Ques: What is the difference between “hurt” and “grievous hurt”?

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    • #3723

      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.

    • #3731

      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.

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