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Grievous Hurt Under Indian Penal Code

Section 320 of Indian Penal Code deal with offences related to body as regard to ‘grievous hurt’. It doesn’t cover all kinds of hurt. Only following kinds of hurt are termed as “grievous”:

1. Emasculation: This clause is confined to males only. It means depriving a male of masculine vigour, i.e. to render a man impotent.  This clause was inserted to counter to counteract the practice common in this country for women to squeeze men’s testicles on the slightest provocation.

2. Injury to Eyesight: The test of gravity is the permanency of the injury caused to one eye or both eyes.

3. Deprivation of Hearing: It may be with respect to one ear or both ears. To attract this clause the deafness caused must be permanent.

4. Loss of Limb or Joint: The expression used in is 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.

5. Impairing of Limb: Disabling is distinguishable from disfiguring as discussed in the sixth clause. To disfigure means to cause some external injury that detracts a person’s personal appearance. It may not weaken him. On the other hand, to disable means to do something creating a permanent disability and not a mere temporary injury.

6. Permanent disfiguring of Head or Face: In Gangaram v. State of Rajasthan, where the bridge of the nose was cut, as the injury was inflicted by a sharp-edged weapon, it was held that the act amounted to permanent disfiguration within the meaning of this clause and hence the injury was ‘grievous’.

7. Fracture or dislocation of a bone or tooth: A fracture, in order to attract this clause, must extend to the inner surface. If the act results only in abrasion and does not break the bone, it will not be a fracture.

8. Dangerous Hurt: The hurt which causes severe bodily pain for the period of twenty days means that a person must be unable to follow his ordinary pursuits.[i]

*Other provisions relating to Grievous Hurt under the Code.

Section 322: Voluntarily causing grievous hurt.

Section 326: Voluntarily causing grievous hurt by dangerous weapons or means.

Section 325: Punishment for grievous hurt. 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 extent to 7 years, and shall also be liable to fine.

This offence is Cognizable, Bailable, Compoundable and triable by any magistrate.

 

 


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