This article has been written by Ms Arundhathi G, a 3rd year BA LLB Student from Bharati Vidyapeeth Deemed to be University, New Law College, Pune.

Introduction 

The Indian Penal Code (IPC) of 1860 is the main penal law of India which contains rules and regulations for crimes in the country. One of the main distinctions in the IPC is between serious and serious injury, which are two different categories of offences that differ in severity and punishment. 

Hurt 

Hurt can be described as bodily pain resulting from actual contact with the body as a result of gross abuse. There is no radical difference between abuse and harm. Section 319 of the Indian Penal Code, 1860 (IPC) defines the offence as: “Whoever causes bodily pain, annoyance or illness to a man or woman is said to have caused the injury.” The section does not describe an offence causing harm. It best defines the accidental period and does not describe the situations in which it can be raised. To be an essential element of a simple hurt, one or more of the following must be present: 

• Body pain
• Infirmity to another
• Illness 

Body pain

 According to Section 319 of the Indian Penal Code, a person who causes pain, bodily disorder or disease is said to cause harm. The phrase “physical pain” means that the pain must be physical rather than mental pain. Thus, harming someone mentally or emotionally is no longer “harm” within the meaning of section 319. However, for this section to be covered, it is not always essential that the visible injury is directed at the sufferer. Partly we think only of causing pain in the body. The degree or severity of the pain or suffering is not a factor in determining whether Section 319 applies or not. The pain or the duration of the pain does not matter. Pulling a girl’s hair would hurt. In State v. Ramesh Dass on May 22, 2015, In the hospital passing through the corridor, the site of the new surgical block, an unknown public figure came from the front and attacked a woman. That person pulled her by the hair and threw her to the ground. He hit her on the head with his hands. The accused was found guilty of crimes committed under Sections 341 and 323 of the Penal Code and acquitted under Section 354 of the Penal Code. 

Infirmity to another

Infirmity means a bad state of mind and a transient state of intellectual disability or a state of hysteria or terror which would constitute a disease within the meaning of the term in this section. An organ cannot perform its daily activities either temporarily or completely. It can be given away by administering a poisonous or poisonous substance or by taking alcohol given by another person. Jashanmal Jhamatmal vs Brahmanand Swarupanand [AIR 1944 Sind 19]: In this situation, the accused was evicted with the help of the owner. He seeks revenge by freeing others from that construct. The accused later confronted A’s husband with a pistol in hand. 

Disease

 The transmission of a disease or illness from one person to another through contact would be an injury. But the idea is unclear about the transmission of STDs from one person to another. For example, a prostitute who had intercourse with a person and thus contracted syphilis became responsible for spreading the infection, not for causing damage, because the time between the act and the illness was too long according to Section 269 of the Penal Code. away to attract § 319 of the Code of Criminal Procedure. 

 In Raka vs. Emperor, the accused was a prostitute and caused syphilis to her clients. It was found that the accused, a prostitute, is liable based on § 269 of the Criminal Code – for negligence, which tended to spread a disease dangerous to the life of another person.

Grievous hurt

 It was difficult for the draftsmen of the IPC  to draw a line between physical injuries, which can be severe and moderate. However, they consider certain types of injuries to be Grievous hurt. Only the following types of injuries are called serious injuries: 

1. Emasculation, 
2. permanent damage to vision or both eyes, 
3. permanent deafness or damage to both eyes, 
4. Removal of a joint or joints (loss of a limb), 
5. Weakening of limbs, 
6. permanent deformation of the head or face, 
7. fracture or displacement of a bone or tooth; 
8. Any injury that threatens life or causes severe bodily pain to the victim or his normal activities for twenty days. 
9. a) Emasculation: The first serious offence is to deprive a man of his masculinity. This clause applies only to men and was added to avoid the common Indian practice of women squeezing men’s testicles at the slightest provocation. Emasculation can be caused by a defect in a man’s scrotum that makes him impotent. The impotence achieved should be permanent,  no longer temporary and curable. 
10. b) Visual impairment: Some other injuries of the same severity are permanent loss of vision in one or both eyes. Such injury must be such that the victim permanently loses the use of one or both eyes. The test of gravity is the permanence of damage because it deprives a person of his ability to see and also disfigures him. 

 (c) Causing deafness: Permanent loss of hearing in both ears is less severe than the disability mentioned above, because it no longer disfigures the person, although it most conveniently prevents him from using the ear. But it is a  serious injury that robs someone of their ability to listen. To attract this provision, deafness must be permanent. Such damage can be caused by a blow to the head, ear or parts of the head that damage the auditory nerves, or by piercing the ear or putting a deafening substance in the ear. 

(d) Loss of a limb: The permanent loss of any limb or joint is any other serious injury that makes the person much less able to defend himself or harass an opponent. “member” method is nothing more than an organ or limb. “Joint” refers to an area where there are two or more bones or muscle mass. Their constant lack must be accompanied by such damage that they permanently stiffen so that they cannot perform the daily task associated with the structure of the human body. 

1. e) Impairment of a limb: Deprivation of the use of a limb or joint leads to lifelong paralysis and makes a person defenceless and depressed. The provision speaks of the destruction or permanent weakening of those forces, which can no longer include not only general but also the specific use of a limb or joint. Permanently reducing their usefulness would be a Grievous hurt. 

 (f) Permanent disfigurement of the face or countenance: “Disgrace” means an external insult to a person which diminishes his appearance but does not humiliate him. Branding a woman’s cheek with a red-hot iron leaves permanent disfiguring scars. An incision made on the bridge of the woman’s nostril with a sharp weapon was considered permanent disfigurement, even though the inner wall is intact. 

 (g) Fracture or displacement of bone or teeth: This applies to all other serious injuries which may or may not result in permanent disability. A broken or dislocated bone can be set or reattached, but because of the extreme suffering it causes when it pushes up, the injury is considered severe. The main carrier of the word fracture is ‘fracture’, although, in the case of a skull fracture, it is not always necessary to divide it into separate parts because it can simply consist of splitting; but if it is a fissure, it must be a fissure extending from the outer base of the skull to the inner surface. If the bone can be broken by cutting or splitting it, or if there is a fracture or crack, it increases the meaning of section 320(7). It must be seen whether the cuts made by sawing the bones are only shallow or cause them to break. “Dislocation” refers to a separation involving a bone that has been removed from its typical connections with an adjacent bone. A bone that is removed from its attachment or removed from a joint is a non-union bone. 

 (h) Any hurt that threatens life or causes the victim severe bodily pain during the day or makes him unable to perform his normal activities. 

 Difference Between Hurt and Grievous Hurt

1. According to Section 319 of the Act, hurt is caused by the cause of pain, illness or injury to a person. According to Chapter 320 of the Code, grievous hurt is caused by the specific nature of the injury, such as emaciation, loss of sight, loss of hearing, loss of a limb or joint, loss of function of any limb or joint, or deformity. head or joint. face,  bone or tooth fracture or movement and life danger, etc. 
2. A simple hurt is not life-threatening, while a grievous hurt can be life-threatening. 3. A simple hurt is not serious, while a grievous hurt is serious  
3. Hurt is punishable if it is accompanied by other crimes, such as intentional damage, etc., while grievous hurt itself is a punishable act.
4. A simple hurt is no more than an amusement, at which a good-hearted person would scarcely be indignant, but a grievous hurt is that crime which in economics approaches murder.  

 Conclusion 

 Harming another person describes violent and disruptive behaviour by a person who may need immediate help to prevent that person from harming another person and violating their basic rights. Hurting an individual without reason means that harming him is immoral and illegal. Thus, Sec. Sections 319 and 320 of the Indian Penal Code define the degrees of hurt punishable under the Indian Constitution. Sections 323 and 325 of the Act prescribe sanctions for the commission of such offences.

References

1. Jashanmal Jhamatmal vs Brahmanand Swarupanand, AIR 1944 Sind 19.
2. State v. Ramesh Dass, AIR 2019 SC 3473.
3. Raka vs. Emperor, 1887 ILR 11 Bom 59.
4. https://www.lawyersclubindia.com/articles/a-different-series-8-simple-hurt-vs-grievous-hurt-14799.asp#:~:text=In%20simple%20hurt%2C%20the%20injuries,head%20disfiguration%2C%20fracture%2C%20etc.
5. http://student.manupatra.com/Academic/Abk/Indian-Penal-Code/chapter10.htm
6. https://old.amu.ac.in/emp/studym/100000876.pdf