This article has been written by Ms. Roshani Chaudhary OF 4TH SEM studying B.A.LL.B (hons) at UNIVERSITY OF RAJASTHAN, FIVE YEAR LAW COLLEGE, JAIPUR.
Hurt is known as influence to damage, prompt torment to, harm, wound, cripple, weaken. It can be termed as bodily pain which happened due to assault by another person. Nowadays we read many news regarding offences against humans. Hurt is one of them. Section 319 of Indian Penal Code describes what is hurt. It says that whoever reasons bodily pain , disorder or disease to any man or woman is said to have caused harm.
ILLUSTRATION: A, a person suffering from communicable disease deliberately comes in contact with another person B to make him infected. Here A is causing hurt to B.
A, already know that B has weak heart and can get heart diseases very quickly. Still A pranks with B by saying that A’s son has attempted suicide. And B, got a heart attack. A has caused hurt to B.
If any person causes hurt as described in section 319 of IPC then he shall be punished with one year of imprisonment or fine or one thousand rupees fine or both.
ELEMENTS OF HURT :
- Bodily pain
- Disease
- Infirmity to another.
(a). BODILY PAIN:
When someone’s action results to body pain then it said to be hurt. Hurt is constituted by bodily pain not the mental pain. Body pain is the important element. There should not be any intention of death. In the absence of death, if a person kick too hard on abdomen that the person died. Then the accused will be liable to be punished under section 319 of Indian Penal Code.
(b). DISEASE:
Spreading disease is intentionally can be considered in hurt. And that person will be punishable too. For example: A has chickenpox and he knew that and still intentionally meeting B so that B should also suffer. Then A is laible for punishment mentioned in section 319 of IPC.
(c). INFIRMITY:
It means the inability of an organ to perform its normal function which may either be temporary or permanent. It denotes a temporary mental impairment, hysteria or terror. When there is no intention to cause death, or no knowledge that death is likely to be caused and death is caused, the accused will be guilty of “hurt” only if the injuries are no serious in nature.
CASE LAWS:-
- Dhani Ram v Emperor: It was held that if the injury is not serious and there was no intention to cause death, nor had the accused knowledge that it was likely to cause death, or grievous hurt, the accused would be guilty of causing hurt only, even though death is caused.
- In Re Marana Goudan: It was held that in the absence of an intention to cause death or grievous bodily hurt, where a person died as a result of two kicks on the abdomen, the accused was held guilty of causing hurt only. Dragging a person by hair or fisting him falls under this section.
- Raka v Emperor: It was held that “A prostitute who had sexual connection with the complainant and thereby communicated syphilis, liable under section 269, IPC, for spreading of infection and not causing hurt, because the interval between the act and disease was too remote to attract section”.
- R v Clarence: It was held that “The husband was not guilty of hurt even though he had infected his wife with gonorrhoea in spite of knowing his condition and being aware that she would not have had sexual intercourse with him if she had known his condition”.
- Jashnmal Jhamatmal v Brahmanand Sarupananda: Court held that “ the essence of this case as followed. The accused landlord, in order to frighten the tenant’s wife, uttered a violent scream in the middle of the night and waved a pistol in front of the woman. The woman was shocked , hence collapsed and was seriously ill for considerable time. It was held that this was within the meaning of temporary impairment or hysteria and hence the accused had caused infirmity and in turn, hurt. Infirmity denotes an unsound or unhealthy state of body or mind and clearly a state of body or mind and clearly a state of temporary mental impairment or hysteria or terror would constitute infirmity within meaning of that expression in section 319 of IPC.
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