Hurt under IPC
Video Lecture on Hurt
Definition
of Hurt
Section 319 of Indian
Penal Code defines “hurt” as;
Caused by one or more
persons on other or others in the form of –
ü Bodily
pain
ü Disease
ü Infirmity
(physical or mental weakness)
Section 320 further
covers “grievous hurt” and explains that if “hurt” (as mentioned in section
319) covers any of the clauses mentioned below, “hurt” will become “grievous
hurt”:
The following kinds of hurt only are designated as “grievous”:
1.
Emasculation: It means performing an operation by which a man is deprived of
his masculine power (Hence, this offence cannot be committed on a woman.)
2.
Permanent privation of the sight of either eye: The word “permanent” is relevant.
3.
Permanent privation of the hearing of either
ear.
4.
Privation of any member or joint.
5.
Destruction or permanent impairing of the powers
of any member or joint.
6.
Permanent disfiguration of the head or face: Here cutting off an ear or nose is disfiguration,
which of a hand or leg is disablement. Disfiguration of face by throwing acid
is a common instance of grievous hurt.
7.
Fracture or dislocation of a bone or tooth.
8.
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.
For examples –
(i)
A assaults B very severely as a result of which B remains in
hospital for treatment for 19 days. On the 20th day, he is
discharged from the hospital at 3 p.m. A disability of 20 days, constitutes
grievous hurt, but if it continues for a lesser period, then the offence is
hurt. But the mere fact that a man has been in hospital for 20 days is not
sufficient, it must be proved that .during the time he was unable to follow his
ordinary pursuits. If, therefore, any one or more of the above eight points are
proved, a prima facie case of grievous hurt can be said to made out.
(ii)
In Kali Charan and Other Vs. State 1980 Cri. L.J. NOC 16, the
injury in question was caused by a pistol shot on the neck and the bleeding
continued for three hours. It was held that this fact, added of the
circumstances that three persons were assaulted by several of the accused with
various weapons, clearly showed that the case fell within Clause (8) of sec.
320.
(iii)
A caused hurt to B, who in consequence had to remain in hospital
for 17 days, out of which B was in danger for 3 days. A has committed grievous
hurt, as B was in danger for three days.
(iv)
A, intending or knowing himself to be likely permanently to
disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s
face, but causes Z to suffer severe bodily pain for the space of 20 days. Here
A has committed grievous hurt, as the blow causes Z to be in severe bodily pain
for 20 days.
Section 321
Voluntarily Causing Hurt
It includes two things;
(i)
Intention
and
(ii)
Knowledge
And the section defines “voluntarily causing hurt” as;
Whoever does any act with the intention of 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.
Section 322
Voluntarily
Causing Grievous Hurt
Voluntarily causing
hurt becomes “Voluntarily Causing Grievous Hurt”;
If the hurt which a person intends to cause or
knows himself to be likely to cause is grievous hurt, and if the hurt which he
causes is 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.
Illustration:
A, intending of knowing himself to be likely permanently to
disfigure Z’ face, gives Z a blow which does not permanently disfigure Z’ face,
but which causes Z to suffer severe bodily pain for the space of twenty days. A
has voluntarily caused grievous hurt.
Section 323
Punishment for Voluntarily
Causing Hurt
Whoever, except in the case provided for by section 334, voluntarily
causes hurt shall be punished with;
(i)
Imprisonment
of either description for a term which may extend to one year, or
(ii)
With fine
which may extend to one thousand rupees,
(iii)
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 –
ü shooting,
ü stabbing or
ü cutting,
1.
Or any
instrument which used as a weapon of offence is likely to cause death,
2.
Or by means
of fire
3.
Or any
heated substance,
4.
Or by means
of any poison or any corrosive substance,
5.
Or by means
of any explosive substance
6.
Or by means
of any substance which it is deleterious to the human body to inhale, to
swallow, or to receive into the blood,
7.
Or by means
of any animal
Punishment: 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 –
ü Any instrument for shooting, stabbing or cutting,
or
ü Any instrument which, used as a weapon of
offence,
is likely to cause death,
ü Or by means of fire
ü Or any heated substance,
ü Or by means of any poison
ü Or any corrosive substance,
ü Or by means of any explosive substance,
ü Or by means of any substance
Which it is deleterious to the human body;
ü To inhale,
ü To swallow,
ü Or to receive into the blood,
ü Or by means of any animal,
Punishment: Imprisonment
for life or with imprisonment of either description for a term which may extend
to ten years, and shall also is liable to fine.
Section 326A
Voluntarily Causing
Grievous Hurt by use of Acid etc.
Whoever causes;
ü permanent or partial damage or deformity to
ü or bums or maims or disfigures or disables,
Any part or parts of the body of a person or causes grievous hurt
by throwing acid on
ü Or by administering acid to that person,
ü Or by using any other means with the intention
of causing
ü Or with the knowledge that he is likely to cause
such injury or hurt,
Shall be punished with imprisonment of either description for a
term which shall not be less than ten years but which may extend to
imprisonment for life, and with fine;
Provided that such fine shall be just and reasonable to meet the
medical expenses of the treatment of the victim;
Provided further that any fine imposed under this section shall be
paid to the victim.
Section 326B
Voluntarily Causing
Grievous Hurt by use of Acid etc.
Whoever throws or attempts to throw acid on any person or attempts
to administer acid to any person, or attempts to use any other means, with the
intention of causing permanent or partial damage or deformity or bums or
maiming or disfigurement or disability or grievous hurt to that person, shall
be punished with imprisonment of either description for a term which shall not
be less than five years but which may extend to seven years, and shall also be liable
to fine.
Explanations:
1.
For the purposes of
section 326A and this section, “acid” includes any substance which has acidic
or corrosive character or burning nature, that is capable of causing bodily
injury leading to scars or disfigurement or temporary or permanent disability.
2.
For the purposes of
section 326A and this section, permanent or partial damage or deformity shall
not be required to be irreversible.
Section 327
Voluntarily Causing Hurt to extort property, or
to constraint to an illegal act
Voluntarily causes hurt, for the purpose of extorting from the sufferer,
or from any person interested in the sufferer, any property or valuable
security, or of constraining the sufferer or any person interested in such
sufferer to do anything which is illegal or which may facilitate the commission
of an offence, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.
Section 328
Causing Hurt by Means of poison, etc. with intent
to commit and offence
Whoever administers to or causes to be taken by any person any poison or
any stupefying, intoxicating or unwholesome drug, or other thing with intent to
cause hurt to such person, or with intent to commit or to facilitate the
commission of an offence or knowing it to be likely that he will thereby cause
hurt, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
Section 329
Voluntarily Causing Grievous Hurt to extort
property, or to constraint to an illegal act
Whoever voluntarily causes grievous hurt for the purpose of extorting
from the sufferer or from any person interested in the sufferer any property or
valuable security, or of constraining the sufferer or any person interested in
such sufferer to do anything that is illegal or which may facilitate the
commission of an offence, shall be punished with imprisonment for life, or
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
Section 330
Voluntarily Causing Hurt to extort Confession or
to compel restoration of property
Whoever voluntarily causes hurt, for the purpose of extorting from
the sufferer or from any person interested in the sufferer, any confession or
any information which may lead to the detection of an offence or misconduct, or
for the purpose of constraining the sufferer or any person interested in the
sufferer to restore or to cause the restoration of any property or valuable
security or to satisfy any claim or demand, or to give information which may
lead to the restoration of any property or valuable security, shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
Illustrations
a.
A, a police-officer,
tortures Z in order to induce Z to confess that he committed a crime. A is
guily of an offence under this section.
b.
A, a police-officer,
tortures B to induce him to point out where certain stolen property is
deposited. A is guilty of an offence under this section.
c.
A, a revenue officer,
tortures z in order to compel him to pay certain arrears of revenue due from Z.
A is guilty of an offence under this section.
d.
A, a zamindar, tortures
a raiyat in order to compel him to pay his rent. A is guilty of an offence
under this section.
Section 331
Voluntarily Causing Hurt to
extort confession, or to compel restoration of property
Whoever voluntarily causes grievous hurt for the purpose of extorting
from the sufferer or from any person interested in the sufferer any confession
or any information which may lead to the detection of an offence or misconduct,
or for the purpose of constraining the sufferer or any person interested in the
sufferer to restore or to cause the restoration of any property or valuable
security, or to satisfy any claim or demand or to give information which may
lead to the restoration of any property or valuable security shall be punished
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Section 332
Voluntarily Causing Hurt to deter Public Servant
from his duty
Whoever voluntarily causes hurt to any person being a public servant in
the discharge of his duty as such public servant, or with intent to prevent or
deter that person or any other public servant from discharging his duty as such
public servant, or in consequence of anything done or attempted to be done by
that person in the lawful discharge of his duty as such public servant, shall
be punished with imprisonment of either description for a term which may extend
to three years, or with fine, or with both.
Section 332
Voluntarily Causing Grievous Hurt to deter Public
Servant from his duty
Whoever voluntarily causes grievous hurt to any person being a public
servant in the discharge of his duty as such public servant, or with intent to
prevent or deter that person or any other public servant from discharging his
duty as such public servant, or in consequence of anything done or attempted to
be done by that person in the lawful discharge of his duty as such public
servant, shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
Section 334
Voluntarily Causing Hurt on
Provocation
Whoever voluntarily causes hurt on grave and sudden provocation, if he
neither intends nor knows himself to be likely to cause hurt to any person
other than the person who gave the provocation, shall be punished with
imprisonment of either description for a term which may extend to one month, or
with fine which may extend to five hundred rupees, or with both.
Section 335
Voluntarily Causing Grievous
Hurt on Provocation
Whoever voluntarily causes grievous hurt on grave and sudden
provocation, if he neither intends nor knows himself to be likely to cause
grievous hurt to any person other than the person who gave the provocation
shall be punished with imprisonment of either description for a term which may
extend to four years, or with fine which may extend to two thousand rupees, or
with both.
Explanations
The last two sections are subject to the same provisos as
Exception 1, section 300.
Section 336
Act endangering Life or
personal safety of others
Whoever does any act so rashly or negligently as to endanger human life
or the personal safety others, shall be punished with imprisonment of either
description for a term which may extend to three months or with fine which may
extend to two hundred and fifty rupees, or with both.
Section 337
Causing Hurt by act endangering Life or personal safety of others
Whoever causes hurt to any person by doing any act so rashly or
negligently as to endanger human life, or the personal safety of others, shall
be punished with imprisonment of either description for a term which may extend
to six months, or with fine which may extend to five hundred rupees, or with
both.
Section 338
Causing grievous hurt by act endangering Life or personal safety of others
Whoever causes grievous hurt to any person by doing any act so rashly or
negligently as to endanger human life, or the personal safety of others, shall
be punished with imprisonment of either description for a term which may extend
to two years, or with fine which may extend to one thousand rupees, or with
both.
Comments
Post a Comment