[divyansh_jasoria]

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

[divyansh_jasoria]

What is the role of Sec 498A in the cases of divorce? Can a complaint under this section be filed after the divorce?
This section was inserted to safeguard women from cruelty by husbands and their relatives in marital life. In our society marriage has great significance. They are entitled to equal rights as to marriage, during the marriage, and at its dissolution. In marital life, many women are facing cruelty from husbands and their relatives. To safeguard women from cruelty, section 498A of the Indian penal code was inserted by the criminal law (second amendment) act, 1983.
Section 498A of Indian Penal Code, 1860-
Husband or relative of husband of a woman subjecting her to cruelty – whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Cruelty can be understood in this section –
1. Violence-
Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health (whether mental or physical) of the woman.
2. Dowry demand-
Harassment of the women where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Cases under 498A are completely different and distinct from matrimonial petitions like divorce. Matrimonial petitions are civil, while in 498A if a person is accused of an offense, which if established in court, can get the person punished. Regardless of the fact who has filed the suit of divorce, if the prosecution succeeds in establishing that the husband has committed the offense u/s 498 A, then he would be prosecuted and punished for it, despite if he had filed the divorce petition first. Therefore, yes, a complaint u/s 498 A can be filed after the divorce.
Yes, it can be filed after the divorce has already happened. It totally depends upon the extent of domestic violence and the merits that the parties have in the matter of the case. But we have to note that complaints should not be false.

By – Divyansh Jasoria

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