Grievous hurt is a term used in criminal law to describe a type of physical injury that is severe and causes prolonged suffering or disability. It is a serious offense and is punishable by imprisonment and fines.
Grievous hurt is defined under section 320 of the Indian Penal Code as an injury that causes the following:
Emasculation (removal of a man's 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 during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
In other words, grievous hurt is an injury that is severe enough to cause permanent damage or disability, or that causes severe pain and suffering for a prolonged period of time. It can include physical injuries such as broken bones, amputations, or disfigurement, as well as injuries that affect a person's senses or ability to perform everyday tasks.
The punishment for committing grievous hurt varies depending on the circumstances of the offense and the severity of the injury. In general, the punishment for causing grievous hurt is imprisonment for a term of up to seven years and a fine. If the injury is caused with a weapon, the punishment may be increased to life imprisonment.
It is important to note that intent is a key factor in determining whether an injury is considered grievous hurt. If the injury was accidental or unintentional, it may not be considered a criminal offense. However, if the injury was caused deliberately or recklessly, it may be considered a criminal offense.
In conclusion, grievous hurt is a serious offense that involves causing severe physical injuries that result in prolonged suffering or disability. It is punishable by imprisonment and fines, and the punishment may be increased depending on the circumstances of the offense and the severity of the injury.
THE THEORY OF ‘HURT’ AND ‘GRIEVOUS HURT’
Section 332 and 333 apply just if the local official was acting in the release of his obligation as a community worker or it ought to be demonstrated that it was the expectation of the blamed to avoid or stop the public servant from releasing his obligation. Fourthly —Privation of any member or joint. Permanent privation Permanent privation of hearing in either ear, of the sight of either eye or of any limb or joint, or permanent destruction or impairment of the powers of any limb or joint, or permanent disfigurement of the head. Only those injuries which fall within the categories of injuries listed in section 320 can constitute the offence of grievous hurt. The Section 326 IPC enumerates various things which are considered as dangerous weapon or mean. PUNISHMENT FOR VOLUNTARILY CAUSING GRIEVOUS HURT Section 325 Indian Penal Code, 1860 provides for punishment for voluntarily causing grievous hurt. He attempts to get revenge via vacating others from that constructing too.
Similarly, where the wound caused by grievous hurt gets so cured as to reinstate the organ, the offender might be liable to a sentence of imprisonment for up to three years and a fine up to thirty thousand rupees. Any hurt which prevents the victim from following his ordinary pursuits for 20 days. 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. They were not armed with any dangerous weapon and had no intention to kill him. Seventhly —Fracture or dislocation of a bone or tooth. There are several such Vidhis and Nishedhas.
It also includes state of mind such as hysteria or terror. Punishment for Grievous hurt There are various forms of punishment prescribed for the offense of grievous hurt. Common types of injury or harm include abrasion, bruising, laceration, fracture, dislocation, incised wound, stab wound, puncture, piercing wound, pistol wound, bomb blast wound, burn, and scald. Thus, the privation of a member or joint, will result in grievous hurt whether it is temporary or permanent. In the case of a grievous hurt, the injury inflicted is only life threatening, but in the case of culpable homicide not amounting to murder, the injury is likely to cause death.
It was held by the Court that it must be proved during that period that the victim was unable to do his ordinary pursuits. All it considers is the fact that bodily pain has been induced in a person. Legally and medically, injury is defined. Section 321 in The Indian Penal Code 321. State of Rajasthan, 1984 Cr LJ NOC 180 Raj. For example, a circuit may pass via any of the limbs and into the head, paralysing the respiratory centre. Moreover, the pain must be bodily and must be caused by any means.
He attempts to get revenge via vacating others from that constructing too. 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 seven bodily pain, or unable to follow his ordinary pursuits. Grievous HurtÂ The draftsman of IPC found it tough to draw a line among those physical hurts, which can be severe, and people who are moderate. Causing Permanent Disfigurement of the Head or Face: The permanent disfiguration of the face or head also comes under the scope of grievous hurt. The coercion on the unfortunate casualty can likewise happen to blackmail such admission or data from someone else. It can be temporary or permanent.
Hurt and Grievous Hurt: Everything you need to know about it
Emasculation can be resulting from causing such harm to the scrotum of a person as has the effect of rendering him impotent. The essential ingredients of 323 IPC: While disposing of CRIMINAL MISC. Â h Any hurt which risks life or which causes the victim to be during the time of days in severe bodily pain, or unable to follow his ordinary pursuits. It states that if a person causes grievous injury by throwing acid, then he will be subject to a minimum sentence of 10 years which can even be extended to life imprisonment or fine or both. This clause also includes all those injuries which cause severe body pain and make the person unable to follow his daily work for a period of twenty days.
Stabbing on any vital part, squeezing the testicles, thursting lathi into rectum so that bleeding is caused, have all been held as Hurts that endanger life and thus Grievous Hurts. However, precedents remain unclear on the subject of venereal diseases. Reproduction of the same, without permission will amount to Copyright Infringement. Moreover, the clause is silent on the extent of the quality or attribute. The offence of grievous hurt specifically covers emasculation, loss of sight, loss of limb, fracture, disfiguration, etc. Else, it might happen that such agony or pain was caused yet there might be nothing to show that it was caused in outcomes of that damage.
Further, the law should also spell out the nature of the cracks which are to be considered as a fracture under Section 320 of the Indian Penal Code. Pattern of the impacting object may be retained at the abraded area Bruise:- The extra vascular collection of blood in the tissue, in other words, it is dermis of the skin, subcutaneous tissue and other deeper tissues due to rupture of blood vessels caused by application of blunt force with overlying tissue remaining intact so that blood cannot escape outside Bruise, Contusion:- If the lesion is visible from outside, it is called bruise. Thus, according to this judgement of Supreme Court, incised wound to bone is to be consider as fracture, hence, grievous hurt. 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. Offences under Sections 336, 337 and 338 are cognizable and subject: Offense under Section 336 is non-compoundable, though under Sections 337 and 338 are compoundable. One, you are gui… My Son have his Right hand got Dislocated BY Physical assault by criminal with metal road 7inch and doctor say its required BANKART LESION REPAIR ASTHOTOPIC SURGURY REQUIRED. So as to attract this provision, Court needs to see that the accused expected to cause hurt, or that he realized that grievous hurt is probably going to be caused and that such grievous hurt is really caused.
Sixthly — Permanent disfiguration of the head or face. In any case, it must be indicated that such hurt was adequate to cause serious bodily pain for twenty days. On the off chance that it is only an instance of remuneration or reparation for damage or harm caused to an individual or property, it is plainly not culpable under both of the areas. Hurts are classified as either serious or simple for legal purposes. Grievous hurts is the more aggravated form of hurt and is more serious in nature.
Hurt and Grievous Hurt with reference of Nepali/Nepalese law
Causing Fracture or Dislocation of a Bone or Tooth: As per the Oxford dictionary, the term fracture means the breaking of the bone. Therefore, specific sorts of hurt were assigned as grievous. The designers thought that it was hard to draw a line between those substantial damages which are serious in nature and those which are slight. State of Haryana; Nikhil Merchant vs. Hurt might described as the substantial suffering which is brought about by actual contact with the body by a forced assault. Thus the section itself does not take into consideration the effect of the act of the accused except as a measure of sentence to be imposed upon him. State of Bihar wherein his lordship Untwalia.