Provisions On Grievous Hurt
Legal Definition
Grievous hurt is defined under Section 320 of the Indian Penal Code (IPC). It lists specific types of bodily harm considered “grievous”:
“Grievous hurt” includes:
Emasculation
Permanent privation of the sight of either eye
Permanent privation of the hearing of either 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
Any hurt which endangers life, or causes the victim to be in severe bodily pain or unable to follow ordinary pursuits for 20 days or more.
Sections Related to Grievous Hurt
Section 320 IPC: Defines grievous hurt.
Section 321 IPC: Defines “hurt” (any bodily pain, disease or infirmity caused intentionally).
Section 325 IPC: Punishment for voluntarily causing grievous hurt.
Section 326 IPC: Punishment for voluntarily causing grievous hurt by dangerous weapons or means.
Section 337 and 338 IPC: Relate to causing hurt or grievous hurt by rash or negligent acts.
Essential Elements of Grievous Hurt
Hurt must be one of the specific types listed in Section 320.
Hurt must be voluntary (intentionally caused).
Hurt must be serious or permanent as per the types defined.
The victim must suffer from severe bodily pain or be incapacitated for at least 20 days if it falls under the last clause.
Important Case Laws on Grievous Hurt
1. Kallapa v. State of Karnataka (1973)
Facts: The accused caused injury to the victim by cutting his hand.
Issue: Whether the injury amounted to grievous hurt.
Decision: The court held that loss of a finger or permanent loss of function amounts to grievous hurt.
Significance: Emphasized the requirement of permanent privation or loss of function for grievous hurt.
2. Mohd. Ishfaq v. State of J&K (1979)
Facts: The accused assaulted the victim with a knife causing multiple injuries.
Issue: Whether the injuries inflicted amounted to grievous hurt.
Decision: The court ruled that multiple injuries that cause prolonged pain and endanger life come under grievous hurt.
Significance: Reinforced the interpretation of “hurt which endangers life” and “severe bodily pain.”
3. Harishankar v. State of Madhya Pradesh (1969)
Facts: The accused struck the victim on the head causing severe disfigurement.
Issue: Whether permanent disfiguration constitutes grievous hurt.
Decision: Court held that permanent disfiguration of the face/head is grievous hurt under Section 320(6).
Significance: Clarified that disfigurement must be permanent and visible to qualify as grievous hurt.
4. Ram Chander v. State of Punjab (1967)
Facts: The accused inflicted fracture injuries on the victim.
Issue: Whether fractures amount to grievous hurt.
Decision: Court ruled that fracture of bones (even minor bones) constitutes grievous hurt under Section 320(7).
Significance: Established fractures as a clear example of grievous hurt.
5. Dalip Singh v. State of Punjab (1966)
Facts: The accused caused injury that caused temporary incapacity.
Issue: Whether temporary incapacity qualifies as grievous hurt.
Decision: The court observed that temporary incapacity is not sufficient; the incapacity must be for at least 20 days or more to amount to grievous hurt under Section 320.
Significance: Clarified the time frame criterion for grievous hurt.
6. Lal Singh v. State of Rajasthan (1973)
Facts: The accused caused injuries using a firearm.
Issue: Whether injuries caused by dangerous weapons aggravate the offense.
Decision: Court ruled that causing grievous hurt by dangerous weapons is punishable under Section 326 IPC.
Significance: Differentiated between grievous hurt and grievous hurt by dangerous weapons.
7. Tukaram S. Dighole v. State of Maharashtra (2010)
Facts: Accused caused injuries to the victim.
Issue: Determining the nature and gravity of hurt.
Decision: The Supreme Court reiterated that the hurt must fall under the categories mentioned in Section 320 to be considered grievous.
Significance: Reinforced the statutory interpretation of grievous hurt.
Summary and Key Takeaways:
Grievous hurt is a serious bodily injury defined by specific types listed in Section 320 IPC.
The injury should cause permanent damage or incapacitation lasting at least 20 days.
Fractures, disfigurements, loss of sensory faculties, and injuries endangering life qualify as grievous hurt.
Case laws clarify the scope, emphasizing the intention, nature of injury, and duration of incapacitation.
Hurt caused by dangerous weapons attracts heavier punishment.
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