Sandeep Harish, III year of B.A.,LL.B.
The word pain is defined as only body pain, not mental pain. The hurt caused is the direct result of the act. The hurt has been caused voluntarily, not accidentally. The person who causes the hurt must have the knowledge or intention for this act. The term infirmity is used in the definition is the inability of an organ to perform its normal function, permanently or temporarily. Definition of hurt is hurt causes disease or infirmity, bodily pain to any person is said to cause hurt.
Voluntarily causing hurt
Section 321 of the IPC says, if the person has an intention of causing hurt to or with the knowledge he is likely to cause hurt to another, then he voluntarily causes hurt to such a person.
The person committed the offence of hurt, there is not to be direct physical contact. If the body pain is the direct result of an act, then it is the cause of hurt. The method and means employed to cause pain to have no relevance.
The punishment for voluntarily causing hurt is the imprisonment up to a year or fine up to rupees 1000 or with both. It is mentioned in section 323 of IPC. Body pain must be important to constitute hurt.
For example: if the person knows that the person has a weak heart, he intentionally told the shocking news to the other person develops chest pain, so the person committed an offence of hurt to the other person.
Death caused by an act not intended or not likely to cause death
If the death is caused with no any intention to cause the death and without knowledge that death is likely to be caused from the harm inflicted, the accused person is guilty of causing hurt if the injury was not serious.
R vs. BeshorBewa
The mother gave two slaps and kicked the daughter’s back for correcting her impertinence. But the daughter died unexpectedly. In this case, the mother was held liable in the case for voluntarily causing hurt.
R vs. Anis Beg
The young boy was 16 and in love with the younger girl induced a boy to give sweets, to increase her love for him. The sweet was consumed by the girl and the girl’s family members who were affected by dhatura poisoning but none of them died. The boy was held guilty of causing hurt.
Grievous hurt means a person has been hurt strongly. All kinds of hurt are not the grievous hurt. The grievous hurts are as follows:
1. Emasculation: It means the deprivation of masculine vigour of a man. This offence has been applied against men. Sometimes emasculation may also amount to death.
2. Permanent privation of that hearing of either ear.
3. Permanent privation of that sight of either eye.
4. Privation of any joint or member.
5. Permanent or destruction impairing of the powers of any joint or member
6. Permanent disfiguration of the face or head. Disfiguration means causing such an injury to a man who detracts from his appearance but does not weaken him physically.
For example: cutting off a man’s ear or nose, branding a girl’s checks with red hot iron, leaving a permanent scar, are all disfiguring.
7. Dislocation or fracture of a tooth or bone
8. Any hurt which has endangered like or which causes the sufferer to be in severe bodily pain for twenty days or unable to follow his ordinary pursuits.
Voluntarily causing grievous hurt
Section 322 of the IPC says the person is said to have voluntarily causing grievous hurt. If he was intended to know or cause him to be like to cause grievous hurt. (Section 323)The punishment for causing grievous hurt is imprisonment up to 7 years or fine or wit both.
Saha Rao vs. State
The person while beating a woman several times, the person accidentally hit the head of the child held in the woman’s hand. The child died as a result of the blow. The court held that the accused was guilty of causing grievous hurt.
R vs. Jiva
The accused person threw his wife through the window about 6 feet high. The weatherboard was fixed below, broke her knee and wife also had a small injury. The court was held that the accused person was guilty of voluntarily causing grievous hurt.
Many people have confusion between the hurt and grievous hurt. The eight hurts which were mentioned in this article would come under the grievous hurt. The risk of life is much more grave in the case of grievous hurt than in the case of hurt.