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Home / Bharatiya Nyaya Sanhita & Indian Penal Code

Criminal Law

Grievous Hurt

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 14-May-2024

    Tags:
  • Indian Penal Code, 1860 (IPC)

Introduction

Grievous hurt is considered as a type of bodily injury that is more severe in nature and it endangers the life of an individual. Section 320 of the Indian Penal Code, 1860 (IPC) deals with the kinds of hurt that are designated as grievous.

Section 320 of IPC

  • As per this Section, the following kinds of hurt only are designated as grievous.
    • Emasculation
    • 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.
  • This Section is exhaustive in nature which means that no other hurt except given in this section can be termed as grievous hurt.

Voluntarily Causing Grievous Hurt

  • Section 322 of IPC deals with voluntarily causing grievous hurt.
  • It states that whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt.
  • Explanation. —A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
  • Illustration - A, intending of knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently disfigure Z's face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.

Punishment for Voluntarily Causing Grievous Hurt

  • Section 325 of IPC deals with the punishment for voluntarily causing grievous hurt. It states that 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 years, and shall also be liable to fine.

Grievous Hurt by Dangerous Weapons

  • Section 326 of IPC deals with voluntarily causing grievous hurt by dangerous weapons or means.
  • It states that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a 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 corrosive substance, or by means of any explosive substance, or by means of any 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 for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Grievous Hurt by Use of Acid

  • Section 326A of IPC deals with voluntarily causing grievous hurt by use of acid, etc.
  • It was inserted by the Criminal Law Amendment Act, 2013.
  • This Section states that whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine.
  • Provided that such a fine shall be just and reasonable to meet the medical expenses of the treatment of the victim.
  • Provided further that any fine imposed under this section shall be paid to the victim.

Grievous Hurt to Extort Confession or Compel Restoration

  • Section 331 of IPC deals with voluntarily causing grievous hurt to extort confession, or to compel restoration of property.
  • It states that whoever voluntarily causes grievous 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, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Grievous Hurt to Deter Public Servant from his Duty

  • Section 333 of IPC deals with voluntarily causing grievous hurt to deter public servant from his duty.
  • It states that whoever voluntarily causes grievous 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, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Grievous Hurt on Provocation

  • Section 335 of IPC deals with voluntarily causing grievous hurt on provocation.
  • It states that whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.

Grievous Hurt by an Act Endangering Life

  • Section 338 of IPC deals with the causing of grievous hurt by act endangering life or personal safety of others.
  • It states that whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Case Laws

  • In the case of A.G Bhagwat v. U.T Chandigarh (2014), it was held that an injury may be called grievous only if it endangers life. A simple injury cannot be called grievous simply because it happens to be caused on a vital part of the body, unless the nature and dimensions of the injury or its effect are such that in the opinion of the doctor it endangers the life of the victim.
  • In the case of Maqbool v. State of U.P (2018), the Supreme Court held that merely because the title to Section 326A of IPC speaks about grievous hurt by the use of acid, but it was not such a requirement under this Section that the injuries caused should be invariably grievous. This Section contemplates that the mere act of throwing or attempt, as indicated in this section, would attract the offence.