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Hurt and grievous hurt

Section 319 to 338


By- komal soni
Angel konyak

Sec-319 Hurt
Whoever causes bodily pain ,
disease or infirmity(physical or
mental weakness) to any person is
said to cause hurt .
Essentials of hurt -: bodily pain
disease or
infirmity to
another

Bodily pain to cause hurt there need not be


any direct physical contact . For instance , if
a person deliberately sets out to cause shock
to someone with a weak heart and succeeds
in doing so, he is said to have caused hurt .
When the injury is not serious and there was
no intention to cause death , nor had the
accused knowledge that it was likely to
cause death , or grievous hurt , the accused
would be guilty of causing hurt only.

Disease A person communicating a


particular disease to another would
be guilty of causing hurt .
In case -: RAKA VS Emperor the
bombay high court

Infirmity it means a temporary


mental impairment , hysteria or
terror .
Case jashanmal jhamatmal v
brahmanand sarupananda
the accused landlord on the night of
12th may ,
1942 , around 10:30 p.m , in order to
frighten
the (tenant) complainants wife

Arms towards the lady pointed a pistol at her


,
With a view to causing the couple to vacate
the premises . Due to shock , the
complainants wife collapsed and became
seriously ill for some considerable time.
HELD -: the act was sufficient to cause a
state of temporary mental impairment or
hysteria resulting in infirmity of the mind of
complainants wife to attract sec 319, Ipc .

1. Act neither intended to cause death


nor grievous hurt may be hurt even
though it results in death - :
when death is caused as a result of
an injury which is not intended to
cause death and in normal conditions
is not likely to cause death , the
accused is guilty under this section if
the injury caused is not serious.

There was a case , a boy of 16 yr of


age , being in love with a girl and
intending to administer to her
something in the nature of a love
philter (potion), gave her some
sweetmeats .
the girl and some of her family ate
the
sweetmeats and all of them were
seized with

Held :- the boy was guilty of causing


hurt under sec 319 and 321 ,Ipc .
Case 2 :- Beshor Bewa : where the
accused , a lady gave a kick on the
back and two slaps on the face of her
daughter , aged about 10 yr ,
with a view to mend her for
impertinence,
which resulted in death of the
child.

Held :- she was guilty of causing hurt


only, as she neither caused death
intentionally , nor with the
knowledge that the injury was likely
to cause death nor was the injury
serious enough to fall under the
category of grievous hurt under sec319 and 321 ,Ipc.

Section321 voluntarily causing


hurt : Whoever does any act with the intention of
thereby causing hurt to any person, or with
the knowledge that he is likely thereby to
cause hurt to any person , and does thereby
cause hurt to any person is said voluntarily
to cause hurt.
Case:- re Marana Goundan, A demanded ten
rupees from B which owed him. B promised
to pay later . A thereupon kicked B twice in
the abdomen. B collapsed and died.

Held :- A was held guilty of


voluntarily causing hurt . It cannot be
inferred that A intended or knew that
by kicking B in the abdomen he was
likely to endanger his life.

Section 323 punishment for


voluntarily causing hurt : Whoever, except in the case
provided for by section 334,
voluntarily causes hurt , shall be
punished with imprisonment of either
description for a term which may
extend to one year, or with fine
which may extend to one thousand
rupees, or with both.

Sec-324 voluntarily causing hurt by


dangerous weapons or means: Whoever , except in the case provided for by the
sec- 334 , voluntarily causes hurt by means of any
instrument for shooting , stabbing, or cutting, or
any instrument which, used as weapon of offence,
is likely to cause death , or by means of fire or any
heated substance, or by means of any poison or
any coercive substance which it is deleterious to
the human body to inhale , to swallow , or to
receive into the blood, or by means of any
animal , shall be punished with imprisonment of
either description for a term which may extend to
3 years , or with fine , or with both.

Section 327 :- voluntarily causing hurt to


extort property , or to constrain to an illegal
act: whoever voluntarily causes hurt , for the
purpose of extorting from the sufferer, of from
any person interested in the sufferer , any
property or valuable security, or of
constraining the sufferer or any person
facilitate the commission of an offence , shall
be punished with the imprisonment of either
description for a long term which may extend
to 10 years , and shall also be liable to fine.

Section328: causing hurt by means of


poison , etc , with intent to commit an offence
:-whoever, administers to cause to be taken
by any person any poison or any stupefying ,
intoxicating or other thing with intent to cause
hurt to such person , or with intent to commit
or to facilitate the commission of an offence or
knowing it to be likely thereby cause hurt.
Punishment : imprisonment which may extend
to 10 years and fine.

Section 330:- voluntarily causing hurt to extort confession ,


or to compel restoration of property : voluntarily cause hurt
for the purpose of extorting from the sufferer or from any
person interested in the sufferer , any confession or any
information which may lead to the detection of an offence
or misconduct , or for the purpose of constraining the
sufferer or any person interested in the sufferer to restore
or to cause the restoration of any property or valuable
security or to satisfy any claim or demand , or to give
information which may lead to the restoration of any
property or valuable security.
Punishment : imprisonment as given or may extend to 7
years with fine

Illustration :- A , a police officer ,


tortures B to induce him to point out
where certain stolen property is
deposited . A is guilty of an offence
under this section .

Section 332:voluntarily causing hurt to deter public


servant from his duty:- whoever voluntarily causes
hurt to any person being a public servant in the
discharge of his duty as such public servant , or
with intent to prevent or deter that person or any
other public servant from discharging his duty as
such public servant , or in consequence of
anything done or attempted to be done by that
person in the lawful discharge of his duty as such
public servant .
Punishment:- imprisonment as descripted or may
extend to 3 years , or with fine , or with both.

Section 334: voluntarily causing hurt on


provocation :- 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 who
gave the provocation.
Punishment:-imprisonment as descripted
for a term or may extend to 1 month , or
with fine which may extend 500 rupees or
with both.

Section 336
Act Endangering life or personal
safety of others:- Whoever does any
act so rashly or negligently as to
endanger human life or the personal
safety of others.
Punishment:- imprisonment of either
description for a term of which may
extend to 3 months, or with fine
which may extent to 250 rupees , or
with both.

Section 320 grievous hurt


The following kind of hurt are only
designated as grievous hurt : 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 twenty days in severe bodily pain, or
unable to follow his ordinary pursuits.

Emasculation
This clauses confined to males only .
It means unsexing a man or
depriving a man of his virility. This
clause was inserted to counteract the
practice common in this country for
women to squeeze mens testicles on
the slightest provocation.
Emasculation may be caused in a
variety of ways to bring the case
under this clause the impotency

Injury to eyesight.
The second kind is causing injury to
eyesight. The test of gravity is the
permanency of the injury caused to
one eye or both eyes.

Deprivation of hearing
Causing deafness is the third kind of
grievous hurt. It may be with respect to
one ear or both ears. To attract this clause
the deafness caused must be permanent.
Loss of limb or joint:- the expression used
in this section is deprivation of any
member, section or joint, crippling a man
with life- long misery. The term member is
used to mean nothing more than an organ
or a limb.

Impairing of limb.
Limbs and joint are essential part of body
that help in the discharge of normal
transactions incidental to ordinary life.
Destruction or permanent impairing of the
powers of any member or joint is the fifth
kind of grievous hurt. Disabling is
distinguishable from disfiguring as
discussed in the sixth clause. To disfigure
means to cause some external injury which
detracts from persons personal apperance.

Permanent disfiguring of the head


or face
It is the sixth kind of grievous hurt. It
consist in permanent disfiguration of
the head or face . In Gangaram vs
state of Rajasthan , where the bridge
of the nose was cut , as the injury
was inflicted by a shark-edged
weapon , it was held that the act
amounted to permanent disfiguration
within the meaning of the clause and
hence, the injury was grievous .

Fracture or dislocation of a bone or


a tooth.
This may or may not be attended
with a permanent disability. The
injury is considered grievous hurt
because of the intense suffering to
which it give rise and the serious
disability which causes the sufferers .
A fracture is not define in the court .
It depends on the fact and
circumstances of each case.

Punishment for grievous


hurt
Section 325:- Whoever, except in the
case provided for by section 335,
voluntarily causes grievous hurt, shall
be punished with imprisonment of
either description for a term which
may extend to seven year, and shall
also be liable to fine.