This article has been written by Ms. Nandhini Sasikumar, a 3rd year of BA LLB Student from The Central Law College, Salem.

INTRODUCTION:

     Forensic medicine is defined as a branch of medical science that deals with the application of medical knowledge for the administration of law and justice. The word hurt and injury are similar in many ways but hurt is defined according to Section 319 of IPC and injury is defined according to Section 44 of IPC. According to Section 319 of IPC hurt means bodily pain, disease or infirmity caused to any person. Injury is defined by legally and medically. Legally it is defined according to Section 44 of IPC, injury is any harm, whatever illegally, caused to any person in body, mind, reputation or property. Medically an injury or hurt literally means any physical harm which caused structural changes in the body of a person. It is two types based on the severity (legally) simple and grievous hurt. 

     A grievous hurt is one, (1).Which is extensive or serious (2).Which does not heal rapidly and (3).Which leaves a permanent deformity or disfiguration.

     Section 320 of IPC defined the Grievous hurt and there are eight clauses in the definition of grievous hurt. Clause has further 3 sub clauses. (1) Emasculation; (2) Permanent privation of the sight of either eye; (3) Permanent privation of the hearing of either ear; (4) Privation of any member or joint; (5) Destruction or permanent impairing of the powers of any member or joint; (6) Permanent disfiguration of the head or face; (7) Fracture or dislocation of a bone or tooth; (8) Any hurt which endangers life, or which causes the sufferer to be during the space of 20 days in severe bodily pain or unable to follow his ordinary pursuits.

MAIN CONTENT:

MAJOR 8 CLAUSES:

• EMASCULATION: 
  • Deprivation of a male of his masculine vigor by castration or by causing injury to tests or spinal cord at the level of L2-L4 vertebrae resulting in impotence. It covers both sterility and potency in a male impotency caused must be permanent for injury to be called grievous.
  • Only male castration comes under this clause. Female castration can however be a grievous hurt under Clause 4 or 8. If only one testis gets damaged or removed and other testis with intact male organ is present then it is not considered as emasculation. However, it is still a grievous hurt under Clause 4, which is, privation of any member or joint.
  • Erectile dysfunction may occur following treatment of lower limb fractures (due to perineal neurovascular fraction injury) and spinal cord injury with complete upper/lower motor lesions.
• PERMANENT PRIVATION OF THE SIGHT OF EITHER EYE:
  • Privation means even partial loss of sight operation interference is not to be taken into account.
  • Example:  a. Retinal detachment
  • Gouging out eyes
  • Dislocation of lens
  • Optic disk laceration
• PERMANENT PRIVATION OF HEALING OF EITHER EAR:
  • It should be permanent deafness it can be due to blow on the head or ear ossicles or auditory nerves, or injury by foreign body, it may be noted that tympanic membrane perforation may heal spontaneously.
• PRIVATION OF ANY MEMBRANE OR JOINT:
  • A membrane is any part of the body, which is capable of performing a distinct function, and is not able to regrow, hands, feets, are members, but not nails and hairs, joint may be both small or big ones.
• DESTRUCTION OR PERMANENT IMPAIRING OF THE POWER OF ANY MEMBRANE OR JOINT:
  • Use of limbs and joints are vital for discharge of normal functions of the body.
  • It includes cutting (severing) of any tendon, anywhere along its route- at its origin, in between or at its insertion. If it is not repaired, its function is permanently lost. This may cause deformity, loss of movement and weakness.
  • It is not necessary that destruction or loss of power should be 100%. E.g., contracture caused by burns involving joint.
• PERMANENT DISFIGURATION OF THE HEAD OR FACE:
  • ‘Disfiguration’ means change of configuration and personal appearance of the subject by some external injury which does not weaken him/her.
  • A person is ‘disfigured’ when a reasonable observer would find the altered appearance distressing or objectionable.
    • For example, chopping off an individual’s ear or nose which would case disfigurement, without consequential disability, so as to constitute grievous hurt under this clause.
    • A large cut on the face or branding may leave a permanent scar causing disfigurement.
    • Permanent disfiguration is seen when injuries to the eyes leave residual defects after healing like ptosis, entropion or squint.
    • Opinion of disfigurement should be given after complete healing, since the doctor can judge whether disability is permanent or not.
• FRACTURE OR DISLOCATION OF A BONE OR TOOTH:
  • Example: 1. Cut on a bone is fracture and thus GH; 2. Dislocation of shoulder- Grievous hurt, because dislocation of a bone occurs. It is also a rare example of grievous hurt which can be corrected within minutes.
• ANY HURT WHICH:
  • a). Endangers life
  • b). Causes the victim to be in severe bodily pain for 20 days.
  • c). Unable the victim to follow his ordinary pursuits for a period of 20 days.
    • Any hurt which endangers life’ means that the life is only endangered and not taken away, i.e. placing a person in danger of death.
    • A mere stay in hospital for 20 days will not constitute grievous hurt.
    • Ordinary pursuits signify day-to-day personal acts of an individual, like going to the toilet, having food or taking bath or wearing clothes. It does not include going to work, running, jumping or driving a vehicle.

         SUB CLAUSES:

• DANGEROUS INJURY:

   Has not been defined in the IPC. Dangerous injuries are those which cause imminent danger to life by its direct or imminent effects because of being extensive in nature, involving important structures or organs of the body, and also being likely to prove fatal in absence of medical/surgical aid. Any tear in duramater, intracerebral hemorrhages, cerebral edema, laceration of lungs resulting in hemothorax, rupture/perforation of GIT, any rupture of large arteries/veins are examples of dangerous injuries.

1. The courts at times have considered an injury described as dangerous to life as an injury envisaged in Clause 8 of Section 320 of IPC (injury which endangers life).
2. It is recommended that the medical expert should desist from differentiating injuries endangering life and dangerous injuries.

• DANGEROUS WEAPON OR MEANS:

    Any instrument used for shooting, stabbing or cutting, or any instrument which if used as a weapon of offence is likely to cause death; or by means of fire or any heated substance, poison or any corrosive substance, explosive or any substance which is harmful to the human body to inhale, to swallow or to receive into the blood or by means of any animal (Section 324 and 326 of IPC).

PUNISHMENTS FOR GRIEVOUS HURT:

• Section 323: Voluntarily causing simple hurt

                Punishment- Up to 1 year imprisonment and

                                      Up to 1000 fine (with/without fine)

• Section 324: Voluntarily causing simple hurt by dangerous weapons/means

                Punishment- Up to 3 years imprisonment and with/without fine

• Section 325: Voluntarily causing grievous hurt

                Punishment- Up to 7 years imprisonment with fine

• Section 326: Voluntarily causing grievous hurt by dangerous weapons/means

                Punishment- Up to 10 years imprisonment with fine

• Section 326A: Voluntarily causing grievous hurt by use of acids 

                Punishment- Up to 10 years to life time imprisonment with fine

• Section 326B: Voluntarily throwing or attempting to throw acid

                Punishment- 5-7 years imprisonment with fine

• Section 331: Voluntarily causing grievous hurt to extort confession, or to compel restoration of property

                Punishment- Up to 10 years imprisonment with fine

CONCLUSION:

     Sec 320 of IPC define the grievous hurt and its punishment i.e. 7 years to 10 years and fine under this section. There are 8 clauses of grievous hurt and each class explains different types of injury, permanent disfigurement of the body or organs which are endanger to life. Every registered medical practitioner should have proper knowledge about grievous injury. So that they can examine the person to make correct medico-legal reports.

REFERENCES:

1. Rajesh Bardale, Principles of Forensic Medicine and Toxicology 2nd edition-2017, Jaypee brothers Medical Publisher (P) Ltd New Delhi.
2. Anil Aggrawal, Forensic Medicine and Toxicology for MBBS 1st edition, Avichal Publishing Company Sirmour.
3. Gautam Biswas, Review of |Forensic Medicine and Toxicology 3rd edition- 2015 Jaypee Brothers Medical Publisher (P) Ltd New Delhi.
4. Ajay Kumar, Text book of Forensic medicine (Medical Jurisprudence and Toxicology) 2nd edition-2016, Avichal Publishing Company (P) Ltd New Delhi.
5. Paikh’s Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology 7th edition, reprint-2016, CBS publisher and Distributors (P) Ltd New Delhi.

Aishwarya Says:

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