INTRODUCTION
The Makers of Law of crimes to differentiate the simple hurt and actual physical hurt caused which very sever, therefore we have grievous hurt as hurt those are special.
MEANING
A serious hurt caused is called grievous hurt, this hurt has no normal usage so lets just jump to the grievous hurt according to Indian penal code.
GREVIOUS HURT IN INDIAN PENAL CODE
Section 320 lays down the following kinds of hurt only which are designated as “grievous”:
(1) Emasculation i.e., depriving a person of masculine vigour
(2) Permanent privation of the sight of either eye
(3) Permanent privation of hearing of either ear
(4) Privation of any member of joint ( loss of limb)
(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 bone or tooth and
(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—(seven years, and
fine).
EXPLANATION
a) Emasculation- This is the first type of hurt under grievous hurt refers to men it was inserted to counteract the Indian women situation. It is when there is damage caused to ones virility.
b) Injury of eyesight- Some other injury of identical gravity is the permanent deprivation of the sight of either eye or of both the eyesight.
c) Permanent privation of hearing of either ear – The everlasting deprivation of hearing of both ears is less serious than the above-mentioned harm as it does no longer disfigure a person, however handiest deprives him of using his ear.
d) Privation of any member of joint ( loss of limb)- Everlasting deprivation of any member or joint is some other grievous hurt, whereby a person is rendered much less able to guard himself or to harass his adversary. ‘member’ method not anything extra than an organ or a limb. ‘Joint’ refers to an area where two or more bones or muscle mass be a part of.
e) Destruction or permanent impairing of the powers of any member or joint- The deprivation of a person to the use of member or joint includes lifelong crippling and makes a person defenseless and depressing.
f) Permanent disfiguration of the head or face- ‘Disfigure’ means to do a person a few outside hurts which detract from his private look, but does not weaken him.
g) Fracture or dislocation of bone or tooth-It’s far every other species of grievous harm, which may additionally or may not be attended with everlasting disability.
h)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- severe bodily hurt which causes problem in following the regular life procedure.
Voluntarily causing grievous hurt
Section 322- Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”. (A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind).
Example- A, contemplating of complete aware of himself that his action would result in B’s permanent privation of the ear, takes a waterpipe and hits B’s ear, but which causes B to suffer severe ear pain for space of 30 days. A has voluntarily caused grievous hurt.
Causing hurt or grievous hurt on provocation –
a) Willfully causing hurt on provocation- According to section 334 of Indian penal code, Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
b) Intentionally causing offensive hurt on incitement- According to section 335 of Indian penal code, Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.
CASE LAWS
In Kalika singh v. Province of Uttar Pradesh a few wounds caused to complainant by blamed by clench hands and lathi incorporated a break caused to one side thumb by his fall on the ground during his beating by the accused. The Allahabad High Court held that the accused was liable under Section 325, even though the fracture was caused by the fall and not by the lathi.
In Mohammad Rafi v. Emperor, the accused caused damage on the neck of the perished from behind, the Lahore High Court held the accused at risk for under Section 322 (intentionally causing grievous hurt) for causing demise by grievous hurt as against guilty of culpable homicide not adding up to the murder.
CONCLUSION
The Grievous hurt is an interesting study in criminal law, we gain knowledge about when a person hurts the other one in different, the punishments and provisions related to it, and the defenses to be sought. The difference between major and severe hurt and minor hurt can be sought in this article. I hope the reader finds the things searched in this article.
REFRENCES
IPC Section 334 – Voluntarily causing hurt on provocation – Punishment and bail (lawrato.com)
Hurt and Grievous Hurt: Everything you need to know about it – iPleaders
Criminal Law by K. I. Vibhute, ISBN no. – 10938854839, The Indian Penal Code Bare Act.
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