Hurt generally means injury on the body of a person. It is such an injury which causes bodily pain or disease or infirmity or fracture or disfigurement of face etc.
Definition of Hurt
Section 319 of the Indian Penal Code defines the offence of hurt. Causing Hurt is basically causing bodily pain, disease or infirmity to any person. It covers only physical pain and not mental pain. By infirmity, it means that the one or more of the organs is unable to carry out the normal bodily function. Such infirmity could be temporary or permanent. Such hurt is punishable under section 323 of the Indian Penal Code.
Section 321 of the Indian Penal Code is an extension of Section 319. It deals with the definition of ‘Voluntarily causing hurt’. It defines it as “whoever does any act with the intention of thereby causing harm to any person, or with the expertise that he’s likely thereby to reason hurt to any individual, and does thereby motive harm to any person, is stated: ‘voluntarily to motive hurt’. To prove the offence under section 321, the element of mens rea is to be necessarily proved.
KINDS OF HURT
There are two kinds of Hurt:-
simple hurt is defined under section 319 of IPC whereas the grievous hurt has been defined under section 320. Simple hurt causes simple injury with simple bodily pain, while grievous hurt causes serious injury and serious pain in the body too.
DEFINITION OF SIMPLE HURT
Section 319 says that,” whoever causes bodily injury or pain or disease or infirmity by an act to any other person, such act is called simple hurt.Section 319 contains the following ingredients:-
a) Bodily Pain:-The words show that there must be some pain in the body of a person. It means mental paid does not come under bodily pain. Any such injury which causes pain on any external part of body comes under simple hurt.
b) Disease : Disease means any illness. By such act which creates weakness and if a man comes into contract of any disease then it will come under simple hurt.
c) Infirmity:-Infirmity means by illness. By such act which creates weakness in the body, comes under simple hurt.
d) To any other Person : The hurt must be caused to any other person not to himself. In this way, in a simple hurt there is no need of physical contact. A hurt may be caused by any mean or method. Such hurt must cause bodily pain or disease or infirmity. Such hurt must be caused to another person and not to himself.
e) Section 319 does not show that there must be direct physical contact with another person for committing simple hurt.
There are various kinds of grievous hurt which have been defined in section 320 in IPC. Thus a hurt is more than a slightly causing harm as defined in section 95 of IPC and less the culpable homicide. If the hurt results into death land fulfills the conditions of section 299 then it becomes culpable homicide, otherwise it grievous hurt.The grievous hurt can be classified/designated as under :-
a.Emasculation : The destruction of private organ of a human being is known as emasculation. Any injury which makes a person incapable for functioning of the private organ, person comes under grievous hurt.
b.Permanent privation of the sight of either eye if there is privation or separation or destruction either eye of a person, is grievous hurt.
c.Permanent privation of the hearing of either ear. Similarly the destruction or separation of either ear is grievous hurt. Here the power of hearing must be affected. The eye and ears are the main functional organs of a human being. They have is an important role in the life.
d.Privation of any member or joint: Privation of any member or joint also comes under grievous hurt.
e.Destruction or permanent loss of the power of any member or joint:-If there is destruction of any member of joint of the body then it is also a grievous hurt or if any member or joint fails to work properly then also it will comes under grievous hurt.
f.Permanent dis figuration of the head or face :-Permanent dis figuration of the head or face means to cause such an injury on the head or face that they look bad or head becomes crucial.
g.Fracture or dislocation of Bone or tooth:-When any bone or tooth is dislocated it means they loss their original place. Fracture of any bones comes under grievous hurt.
h.When there is an such hurt which endangers to life or which causes paid continuously for a period of 20 days.Endanger to life mean there must be death from such hurt. If the death is caused by grievous then it will not be culpable homicide or murder because there is no intention to cause death. So any hurt to create danger to life is also called grievous hurt.
DIFFERENCE BETWEEN SIMPLE HURT AND GRIEVOUS HURT
|1. Simple hurt is defined in section 319
|Grievous hurt defined in section 320
|2. In simple hurt injury is committed on the external part of the body.
|There may be injury of external or internal part of the body causing bodily pain.
|3. Simple hurt is a form of simple injury.
|Grievous hurt is a serious form of hurt.
|4. The types of injury are bodily Pain, disease, infirmity etc.
|Important organs of the body like eye, Ear, joints, face dislocation or broken
|5. Punishment is of one year or fine.
|Punishment is of seven years with fine.
|6. The risk of life is less than grievous hurt.
|The risk of life is much more grave in the case of grievous hurt
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