This article has been written by Ms. Priyanka VK Nair a 2rd year LLB Student of Amity University Mumbai
“Hurt” can refer to both a physical and emotional experience.
Physically, “hurt” typically means experiencing pain or injury to the body. This can range from minor discomfort to severe physical trauma.
Emotionally, “hurt” refers to feeling emotional pain or distress, often as a result of being disappointed, betrayed, or mistreated by someone or something. This can include feeling sad, angry, or upset, and can sometimes lead to long-term emotional or psychological effects.
Section 319 IPC – whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
Under the Indian Penal Code (IPC), the term “hurt” refers to any bodily injury, harm or pain caused to a person. The IPC defines various types of hurt and the corresponding punishments, which are as follows:
Simple hurt (Section 323 IPC): This refers to causing any physical pain or injury that does not endanger the life of the victim. The punishment for simple hurt is imprisonment for up to one year, or a fine, or both.
Grievous hurt (Sections 322-326 IPC): This refers to causing any physical injury that endangers the life of the victim, or causes permanent disfigurement, or disables any limb or organ of the victim. The punishment for grievous hurt ranges from imprisonment for up to seven years to life imprisonment.
Hurt by dangerous weapons (Section 324 IPC): This refers to causing hurt with a weapon that is likely to cause death or grievous hurt. The punishment for this offense is imprisonment for up to three years, or a fine, or both.
Voluntarily causing hurt to extort property or to compel the victim to do something (Section 327 IPC): This refers to causing hurt to a person with the intention of extorting property or compelling the victim to do something against their will. The punishment for this offense is imprisonment for up to ten years and a fine.
Causing hurt by rash or negligent act (Sections 337-338 IPC): This refers to causing hurt by a rash or negligent act, such as reckless driving. The punishment for this offense is imprisonment for up to six months, or a fine, or both.
The essentials of hurt under the IPC are as follows:
Bodily injury: There must be some sort of physical injury to the body, such as a wound, bruise, or fracture. The injury must be more than just a mere scratch or a slight injury that causes no pain.
Intention or knowledge: The person causing the hurt must have either intended to cause the bodily injury or known that the act was likely to cause such injury. This means that the person must have had the requisite mental state, or mens rea, for the offence of hurt.
Voluntariness: The act of causing the bodily injury must have been done voluntarily. If the act was done accidentally or unintentionally, it may not constitute the offence of hurt.
Causation: The bodily injury must have been caused by the act of the accused. The accused must have been the direct cause of the injury.
Under the IPC, hurt is a non-cognizable and bailable offence, punishable with imprisonment of up to one year, or a fine, or both. However, if the hurt is caused by means of a dangerous weapon or causes grievous hurt, the punishment can be more severe.
Difference between hurt and grievous hurt
The terms “hurt” and “grievous hurt” are often used in legal contexts to describe different degrees of physical harm.
“Hurt” refers to a physical injury that causes pain or harm to the body, but does not cause any permanent damage. For example, a person may suffer from hurt if they sustain a minor injury like a cut or a bruise.
On the other hand, “grievous hurt” refers to a more serious injury that results in permanent damage to the body, disfigurement, or impairment of a bodily function. Examples of grievous hurt include broken bones, permanent scarring, and loss of sight or hearing.
In legal terms, the severity of the injury is an important factor in determining the punishment for the person who caused the harm. In general, the penalty for causing grievous hurt is more severe than the penalty for causing simple hurt.
In conclusion, the main difference between “hurt” and “grievous hurt” is the severity of the physical injury. Hurt refers to a physical injury that causes pain or harm to the body, but does not cause any permanent damage, whereas grievous hurt refers to a more serious injury that results in permanent damage to the body, disfigurement, or impairment of a bodily function. The severity of the injury is an important factor in determining the legal penalty for the person who caused the harm.
Land mark case laws
Mohd. Hanif Quareshi v. State of Bihar (1958): This case laid down the definition of “hurt” as given in Section 319 of the Indian Penal Code.
Bhupendra Singh v. State of U.P. (2008): This case dealt with the issue of whether causing hurt to a person by negligence amounts to an offence under the Indian Penal Code.
State of Punjab v. Iqbal Singh (1991): This case established that in order to constitute an offence under Section 324 of the Indian Penal Code, the injury caused must be sufficient to put the victim’s life in danger.
Ravindra Singh v. State of Haryana (2005): This case held that a person can be held liable for causing hurt under Section 319 of the Indian Penal Code even if the injury caused was not intended.
Emperor v. Khwaja Nazir Ahmad (1945): This case laid down the principle that a person cannot be convicted for causing hurt under the Indian Penal Code if the injury caused was not the result of a voluntary act on the part of the accused.
Harijan Bhagat v. State of Jharkhand (2010): This case dealt with the issue of whether causing hurt by using a dangerous weapon amounts to an offence under the Indian Penal Code.
Narbada Prasad v. State of U.P. (1985): This case established that the intention to cause hurt is an essential element of the offence under Section 324 of the Indian Penal Code.
Smt. Suresh Devi v. Om Prakash (1992): This case dealt with the issue of whether causing hurt to a woman with an intention to compel her to marry is an offence under the Indian Penal Code.
Reference
Section 319 IPC https://indiankanoon.org/doc/1138947/
Mohd. Hanif Quareshi v. State of Bihar (1958): 1961 AIR 448
Bhupendra Singh v. State of U.P. (2008) https://indiankanoon.org/doc/29243757/
State of Punjab v. Iqbal Singh (1991) 1991 AIR 1532
Ravindra Singh v. State of Haryana (2005) 1975 AIR 856
Emperor v. Khwaja Nazir Ahmad (1945) (1945) 47 BOMLR 245
Smt. Suresh Devi v. Om Prakash (1992) 1992 AIR 1904
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