Академический Документы
Профессиональный Документы
Культура Документы
The expression ‘bodily pain’ means that the pain must be physical as opposed to any
mental pain.
In order to come within this section, it is not necessary that any visible injury should
be caused on the victim. All that the section contemplates is the causing of bodily
pain1. The degree or severity of the pain is not a material factor to decide whether this
section will apply or not.
Intention or Knowledge
Intention to cause hurt, or knowledge that an act is likely to cause hurt, is the most
decisive factor to decide whether a person can be held guilty of voluntarily causing
hurt. The extent of injury that is actually caused is not relevant, but what is the
intention with which the hurt was caused is relevant.
Principle – A person must be punished for the hurt he intended to cause or had
knowledge that it is likely to be caused as a result of the act done by the person. No
one should be punished for unfortunate and completely unforeseen result of the acts
done.
Grievous Hurt
Section 320 – The following kinds of hurt only are designated as “grievous”:-
Fourthly. - Privation of any member or joint.
Fifthly. - Destruction or permanent impairing of the powers of any member or joint.
Sixthly. - Permanent disfiguration of the head or face.
Seventhly. - Fracture or dislocation of a bone or tooth.
Eighthly. - Any hurt which endangers life or which causes the sufferer to be during
the space of twenty days in severe bodily pain, or unable to follow his ordinary
persuits.
No other hurt outside the categories of injuries enumerated in Sec. 320 can be termed
as grievous hurt. Therefore, unless a hurt caused comes within the injuries specified
in Sec. 320, this Section will not apply2.
All these clauses need to be interpreted strictly3.
The Supreme Court observed in Hari Lal v. State of Uttar Pradesh4; “In order to
constitute grievous hurt under Sec. 320, it is not necessary that a bone should be cut
through, and through or that the crack must extend from the outer to the inner surface
or that there should be displacement of any fragment of the bone. If there is a break
by cutting or splintering of the bone or there is a rupture or fissure in it, it would
amount to a fracture within the meaning of clause (7) of Sec. 320.”
Thus the Court held that the injuries of cut in the bones would amount to ‘grievous
hurt’.
It is not the actual nature of the injury causes namely, whether simple hurt or grievous
hurt, but the manner in which it is caused, which is relevant.
However, it is important to note that whether a particular weapon comes under the
category of ‘dangerous weapons’ or not depends upon various factors. Therefore, no
generalisation can be made about what consstitutes ‘dangerous weapon’. It needs to
be ascertained in the light of the facts of each case.8
In order that this Section should apply, it is important to establish that there was
provocation and such provocation was grave and sudden. If the provocation is only
sudden but not grave, the offence will not be one punishable under either of these
sections. Similarly, if the provocation is only grave and not sudden, the act will not
amount to an offence under these sections.
The test of ‘grave and sudden’ provocation is whether a reasonable man, belonging to
the same class of society as the accused, placed in the situation in which the accused
was placed, would be so provoked as to loose his control9.
In Sham Behari v. State of Orissa10, the Orissa High Court refused to invoke Sec. 334
of the IPC in favour of the husband of a woman (and his friend), who, suspecting his
wife’s fidelity and after waiting for a day in his cowshed to catch his wife’s paramour
redhanded, caused hurt to the paramour when he stealthily approached his wife and
had sexual intercourse with her, and later, the man died. The High Court held that the
element of sudden and grave provocation was absent as the accused waited for a day
to catch the deceased.
Section 337 – Causing Hurt by Act Endangering Life or Personal Safety of Others
whoever causes hurt to any person by doing any act so rashly or negligently as to
endanger human life, or the personal safety of others, shall be punished with
imprisonment of either description for a term which may extend to 6 months, or with
fine which may extend to 500 rupees, or with both.
Section 338 – Causing Grievous Hurt by Act Endangering Life or Personal Safety of
Others
Whoever causes grievous hurt to any person by doing any act so rashly or negligently
as to endanger human life, or the personal safety of others, shall be punished with
imprisonment of either description for a term which may extend to two years, or with
fine which may extend to 1000 rupees or both.
Essential Ingredients:
1) The act of accused must have resulted in simple or grievous hurt;
2) The act must be done in a rash and negligent manner; and
3) The rashness or negligence must be to the extent of endangering human life or
personal safety of others.
These sections will be applicable only in cases where the hurt caused is a direct result
of the negligent or rash act11.