Causing Bodily Harm Prosecutions
1. Legal Framework
Under the Afghan Penal Code (2017), causing bodily harm is treated as a criminal offense and can include a wide range of physical injuries, from minor wounds to life-threatening harm. These offenses fall under the broader category of crimes against the person.
2. Relevant Articles
Articles 407–416 of the Penal Code cover intentional bodily harm.
The severity of punishment depends on:
The intent (whether the act was intentional or negligent),
The nature of the injury (temporary vs. permanent),
The means used (weapons, tools, etc.),
Whether the injury resulted in permanent disability, loss of senses, or disfigurement.
3. Categories of Bodily Harm in Afghan Law
Simple bodily harm: Minor injury, temporary pain or discomfort.
Serious bodily harm: Lasting injury, permanent damage, or life-threatening harm.
Harm resulting in permanent disability: Loss of limb, eyesight, hearing, or severe disfigurement.
Assault with aggravating factors: Harm committed with premeditation, weapons, or against vulnerable persons.
📚 Case Examples: Causing Bodily Harm in Afghanistan
Case 1: Street Fight Resulting in Broken Arm
Facts: Two men got into a dispute over a traffic accident in Kabul. One struck the other with a metal rod, causing a broken arm.
Charges: Intentional bodily harm under Article 410.
Outcome: Defendant sentenced to 18 months in prison and ordered to pay compensation (Diya).
Significance: Typical example of how street violence is prosecuted; both penal and financial penalties applied.
Case 2: Domestic Violence Resulting in Facial Injury
Facts: A husband repeatedly struck his wife during an argument, leading to broken facial bones and partial vision loss.
Charges: Intentional serious bodily harm (Article 412) with aggravating factor (domestic setting).
Outcome: Defendant sentenced to 5 years imprisonment.
Significance: Showcased increasing application of criminal law to domestic violence, beyond traditional dispute resolution.
Case 3: Honor-Based Assault Leading to Permanent Disability
Facts: A man assaulted his sister's suitor, blinding him in one eye, claiming it was to “protect family honor.”
Charges: Permanent disability (Article 415).
Outcome: Sentenced to 7 years in prison; court rejected “honor” as a legal justification.
Significance: Important judgment affirming that cultural practices don’t justify bodily harm.
Case 4: School Fight Resulting in Knife Injury
Facts: Two high school students engaged in a fight. One used a knife, causing deep abdominal wounds.
Charges: Intentional aggravated assault.
Outcome: Juvenile sentenced to 2 years in a rehabilitation facility.
Significance: Example of how the Afghan juvenile justice system handles violent youth offenses.
Case 5: Neighbor Dispute Escalating to Bodily Harm
Facts: A land dispute between neighbors in Nangarhar led to physical violence; one person suffered a fractured skull.
Charges: Intentional bodily harm causing severe injury.
Outcome: Offender received a 3-year sentence and ordered to pay blood money (Diya).
Significance: Illustrates application of both Islamic and statutory law in rural land disputes.
Case 6: Assault by Police Officer During Interrogation
Facts: A detainee suffered broken ribs after being beaten during an interrogation by a police officer.
Charges: Abuse of authority and causing bodily harm.
Outcome: Officer sentenced to 4 years in prison and barred from service.
Significance: Rare but important case of holding law enforcement accountable for violence.
Case 7: Workplace Assault Between Colleagues
Facts: An argument between two construction workers escalated; one hit the other with a tool, causing a head injury.
Charges: Assault with workplace aggravation.
Outcome: 1-year sentence and monetary compensation to the victim.
Significance: Shows increasing application of criminal law to labor-related violence.
✅ Summary Table
| Case | Injury Type | Legal Provision | Sentence | Notable Legal Element |
|---|---|---|---|---|
| Street fight | Broken arm | Art. 410 | 18 months + Diya | Simple bodily harm |
| Domestic violence | Facial injury | Art. 412 | 5 years | Aggravated due to domestic setting |
| Honor assault | Blindness in one eye | Art. 415 | 7 years | Rejection of honor defense |
| School knife fight | Stabbing | Art. 411 | 2 years in juvenile facility | Juvenile justice application |
| Land dispute | Skull fracture | Art. 413 | 3 years + Diya | Mixed statutory and Islamic law |
| Police abuse | Broken ribs | Art. 415 + abuse of authority | 4 years + dismissal | Law enforcement accountability |
| Workplace fight | Head injury | Art. 410 | 1 year + compensation | Labor law integration |
⚖️ Key Legal Takeaways
Intentional bodily harm is treated seriously in Afghan law, especially when it leads to lasting injury or involves weapons.
Domestic violence, honor-based violence, and state abuse are being increasingly prosecuted under formal law, rather than left to informal dispute resolution or tribal codes.
The Diya (blood money) system often operates in tandem with criminal penalties, particularly in rural and traditional areas.
Juvenile offenders are dealt with under a separate legal framework, emphasizing rehabilitation.
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