Section 320 IPC -Grievous Hurt

May 6, 2023

Grievous hurt refers to a serious injury that causes pain or suffering to a person, but is not necessarily life-threatening. It is a legal term used in many countries to describe a category of injuries that are considered more severe than minor injuries, but less severe than injuries that are likely to cause death.

The exact definition of grievous hurt may vary depending on the jurisdiction, but it generally includes injuries such as broken bones, serious burns, disfigurement, or injuries that result in the loss of a limb or organ function. The severity of the injury can also be considered in terms of the impact it has on a person’s ability to carry out their normal daily activities, and the amount of time it takes to recover from the injury.

Section 320 of the Indian Penal Code (IPC) describes the types of injuries that are considered “grievous hurt” under Indian law. Grievous hurt is a legal term used to describe serious injuries that are not necessarily life-threatening, but are considered more severe than minor injuries.

Section 320 lists a number of specific injuries that are considered to be grievous hurt, including:

Emasculation – the removal of the testicles.
Permanent privation of the sight of either eye.
Permanent privation of the hearing of either ear.
Privation of any member or joint.
Destruction or permanent impairing of the powers of any member or joint.
Permanent disfiguration of the head or face.
Fracture or dislocation of a bone or tooth.

Any hurt which endangers life or which causes the sufferer to be in severe bodily pain or unable to follow his/her ordinary pursuits for a period of twenty days or more.

Emasculation is the act of removing, destroying, or otherwise rendering ineffective the male genitals, often as a form of punishment or torture. This term is commonly used to refer to the removal or destruction of the testicles, which are responsible for producing male hormones and sperm

The permanent privation of the sight of either eye: permanent loss of eye sight , can have significant effects on an individual’s life and functioning. Losing the sight in one eye can affect depth perception, balance, and the ability to judge distances accurately. It can also affect one’s ability to perform certain tasks.

Permanent privation of the hearing of either ear refers to complete and permanent deafness in one ear. Hearing loss in one ear can have a significant impact on a person’s quality of life, making it difficult to communicate with others and creating challenges in many everyday situations. Hearing loss in one ear can have a significant impact on a person’s quality of life, making it difficult to communicate with others and creating challenges in many everyday situations.

The privation of any member or joint refers to the loss or absence of a body part or joint In cases where a limb or joint is lost, the individual may experience physical limitations such as difficulty with movement, balance, or coordination

Permanent disfiguration of the head or face can occur due to a variety of reasons such as burns, scars, birth defects, or trauma. It can have a significant impact on an individual’s physical appearance, self-esteem, and overall quality of life.

A fracture or dislocation of a bone or tooth refers to the breaking or displacement of a bone It can cause significant pain and discomfort, as well as limit an individual’s ability to perform daily activities.

Causing grievous hurt is defined in Section 320 as causing “grievous hurt” which is defined as an injury which “endangers life or causes the sufferer to be in severe bodily pain or unable to follow his ordinary pursuits for a period of 20 days or more”.

Punishment for grievous hurt:

The punishment for causing grievous hurt in India can range from imprisonment for up to 7 years, along with a fine. If the offender has committed the offense with a weapon or dangerous object, the punishment can be imprisonment for up to 10 years, along with a fine. In cases where the offender has committed the offense with the intent to disfigure the victim, or if the victim is a woman, the punishment can be imprisonment for up to life imprisonment, along with a fine. If the injury causes death, the offender can be charged with murder or culpable homicide not amounting to murder under the IPC.

Section 326A- Acid attack

Section 326A of the Indian Penal Code (IPC) deals with the offence of causing grievous hurt by throwing acid. The section was introduced in the IPC in 2013 by an amendment following several incidents of acid attacks in India.

The section states that any person who causes permanent or partial damage or deformity to any part of another person’s body by throwing acid or using any other means with the intention of causing such injury or with knowledge that such injury is likely to be caused, shall be punished with imprisonment for a term of not less than ten years which may extend to imprisonment for life, and shall also be liable to pay compensation to the victim.

The section further provides that if the offence is committed on a woman or a child, the punishment shall be imprisonment for life with fine.

In addition to Section 326A, there are other sections in the IPC that deal with offences related to acid attacks, such as Section 326B (attempt to cause acid attack), Section 326C (punishment for throwing or administering acid), and Section 354A (sexual harassment and punishment for sexual harassment).

Land mark cases on grievous hurt

Bhupinder Singh v. State of Punjab (1991): This case dealt with the definition of grievous hurt and whether an injury can be classified as grievous hurt based on the nature of the injury or the consequences of the injury. The Supreme Court held that the definition of grievous hurt includes both aspects and that an injury can be classified as grievous hurt based on either the nature of the injury or the consequences of the injury.

Suresh Kumar v. State of Uttar Pradesh (2001): In this case, the Supreme Court held that the use of dangerous weapons or the infliction of multiple injuries can be considered as a factor for determining whether an injury amounts to grievous hurt.

Jacob Mathew v. State of Punjab (2005): This case dealt with the issue of whether a medical practitioner can be held liable for grievous hurt if a patient suffers an adverse reaction to medical treatment. The Supreme Court held that a medical practitioner can be held liable for grievous hurt if the treatment is administered negligently or recklessly.

State of Haryana v. Ram Kumar (2009): This case dealt with the issue of whether an injury can be considered as grievous hurt if it does not result in permanent disfigurement or disability. The Supreme Court held that an injury can be considered as grievous hurt if it causes severe pain, loss of limb or sense, or any permanent injury or disfigurement.

Jitendra Singh v. State of U.P. (2013): In this case, the Supreme Court held that the use of acid to cause injury can be considered as grievous hurt and that acid attacks are a form of gender-based violence that require strict punishment. This case led to the addition of Section 326A in the Indian Penal Code, which deals specifically with the offence of causing grievous hurt by throwing acid.

Reference

- Section 320 IPChttps://indiankanoon.org/doc/895891/
- Bhupinder Singh v. State of Punjab (1991) 1988 AIR 1011
- Suresh Kumar v. State of Uttar Pradesh (2001) https://indiankanoon.org/doc/1431328/
- Jacob Mathew v. State of Punjab (2005): https://indiankanoon.org/doc/871062/

State of Haryana v. Ram Kumar (2009): https://indiankanoon.org/doc/1653457/

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May 6, 2023