This article has been written by Ms. ROSHANI CHAUDHARY studying B.ALL.B(hons) at UNIVERITY OF RAJASTHAN, FIVE YEAR LAW COLLEGE, JAIPUR.

The offense of grievous hurt endangers the life of a human body. It affects the life of a human very badly. In India, the concept of grievous hurt is covered under section 320 of Indian Penal Code. This offence has two main elements: 

1. The offence of hurt shall occur.
2. The hurt shall be grievous in nature. It means that offence should fall under eight types of injury stated in section 320 of Indian Penal Code. 

Section 320 of IPC has listed eight types of grievous injuries which are as follows:

A} Causing Emasculation: It is an injury the effect the sexual capacity of a man. The injury that inflicted by cutting the organ or causing injury to the scrotum and the testis. This doesn’t include females. The accused will be held liable only if the aggrieved regain its sexual vigour.

B} Causing permanent privation of the vision of either eye: Privation of the vision of eye can occur by putting hazardous chemicals or poking them into eyes. It includes the loss of complete vision. The nature of the injury should be permanent. Any temporary injury can’t be included under the scope under grievous hurt of section 320 of IPC. 

C} Causing permanent privation of hearing capacity of either eye: The permanent injury of the ear that make a person completely deaf is included under grievous hurt. It deprives the hearing capacity of a human being. This injury can be inflicted by a strong blow on the head or the ears or by inserting  a stick in the ear. Putting hazardous substance into the ear will also be considered a grievous injury. 

D} Causing permanent privation of any member or joint: “Member” in this phrase meant any organ or limb and “joint” refers to a place in the body wherein two bones or muscles come together and make a connection. The offence of grievous hurt will be committed if any of the joint becomes stiff and the normal functioning of the joint got failed. The failure of the functioning of the joint can led to the grievous hurt under IPC. The privation must be permanent. Temporary privation will not be included under grievous hurt of IPC. 

E} Causing destruction or permanent impairment of powers of any limb or joint: The permanent impairment must be there for the inclusion of grievous hurt. In this clause, the loss of hand or the loss of a little finger can also be considered as grievous hurt. 

F} Causing permanent disfigurement of the head or face: There should be permanent disfigurement of the face or head. The term “disfigure” related to the external injury which is caused to the accused. If the head or face is deformed then it will amount to grievous hurt even though the injury may not  have impacted their functioning either temporarily or permanently. The examples are as follows- tearing of ear, cutting nose, attacking cheeks with sharp object. The permanent scar remaining after putting hot iron can also an example of disfiguration. 

G} Causing fracture or dislocation of a bone or tooth: The term fracture means the breaking of bone. Even a crack or cut in the bone will also be considered into the category of grievous hurt. A normal scratch can’t be taken into consideration but dislocation of the bone or the joint also falls under the scope of grievous hurt. 

H} Causing any hurt which endangers the life: The grievous hurt also included those injuries which put the life of an individual at risk. The injuries which causes severe pain in body and unable that person to function properly for a period of twenty days then those injuries will be included under grievous hurt. 

PUNISHMENT FOR GRIEVOUS HURT:

There are many types of punishment prescribes under the offence of grievous hurt. The imprisonment can be simple or rigorous and it mainly depends upon the facts of the case. The punishment of grievous hurt are as follows:

a} Punishment for causing grievous hurt voluntarily: If a person deliberately and voluntarily causes grievous hurt to any other person, then he will be subject to imprisonment which can be extended up to seven years. The person can be liable for the fine too. 

b} Punishment for voluntarily causing grievous hurt by a dangerous weapon: If a person is being hurt by shooting, cutting, stabbing then it will be considered under grievous hurt. Injury through explosive and poisonous material can be considered under section 320 of IPC. The person shall be punished with a maximum period of 10 years of by fine or both. 

c} Punishment for causing grievous hurt by using acid: Acid attack is a heinous crime. In India, are many cases of acid attack. If a person has causing grievous injury by throwing acid, then he will be subject to a minimum 10 years of imprisonment and then can be extended to life imprisonment depending upon the facts of the case. Fine will also be imposed and that fine will be provided for the medical expenses. 

d}. Punishment for voluntarily causing grievous hurt to extort property: Any person who causes grievous hurt intending to extort property, then he will intending to extort property, then he will be subject to a punishment which can be extended to ten years or fine or both. 

CONCLUSION:

The offense of grievous hurt not only effect an individual physically but also mentally. There are many cases which just left us to realise that how cruel the world is. This section is exhaustive in nature and it mainly dealt with under section 320 of IPC. The punishment in this section is not fixed. It mainly depend upon the fats of the case. Stabbing someone, deforming someone’s face, breaking bones, throwing acid are the signs that make us feel that humanity is exhausting day by day. 

REFERENCES:

1. https://legalstudymaterial.com/grievous-hurt-under-indian-penal-code/ 
2. https://lawbhoomi.com/grievous-hurt-under-the-penal-code-of-india/