Indian penal code,1860

Indian penal code, 1860

A project file submitted to
Rayat college of law

In partial fulfillment of the requirement of course

B.Com LLb (Hons). For Semester six

Subject : Hurt and grievous hurt a detailed study

Under the supervision of :- Submitted by :-

Dr. Akashdeep singh Devansh modgil
Assistant professor in law Bcom LLB
(hons)
Rayat college of law 6th semester
Railmajra roll no 17657

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ACKNOWLEDGMENT
The feeling of acknowledge and expressing it in words are two things apart. It is
weakness, but I honestly admit when I truly wish to express my warm gratitude
and indebtedness towards somebody, I am always at loss of words.

The project could not have completed without support extended to me by Dr

Akash singh , he guided me during the preparation of the project and every time
when I reached out for him with my difficulties, he welcomed them which
helped me to successfully complete the project. I express my heartfelt gratitude
with great pleasure and a sense of obligation to Ms. Manpreet, for his timely
support and supervision.

I would also like to thank Dr. Mahender Singh, my Vice Principal. He was
always there with his support and those wonderful insights whenever they were
eagerly needed.

I would also like to thank Dr. Monika Sharma honorable Principal of my

college whose continued cooperation and support in making this project a
success.

And, finally a word of gratitude to my family and friends who were always
there with their support and encouragement.

Regards
Devansh Modgil

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Table of content

Contents Page.no

Acknowledgment 2

Introduction 4

Hurt and grievous hurt 5

Punishment for hurt and grievous hurt 8

Other related provisions 9

conclusion 14

Biblogaphy 15

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Introduction

 Sections 319-338 deal with the causing of hurt and grievous hurt and the
punishment therefor. The subject can be broadly divided into the
following divisions:

(1) Simple hurt (ss 319, 321, 323).

(2) Grievous hurt (ss 320, 322, 325).
(3) Causing hurt or grievous hurt by dangerous weapons or dangerous means (ss
324 and 326).
(4) Causing grievous hurt by acid (ss 326A and 326B).
(5) Causing hurt or grievous hurt to extort property (ss 327and 329).
(6) Causing hurt by means of poison (s 328).
(7) Causing hurt or grievous hurt to extort confession or compel restoration of
property (ss 330 and 331).
(8) Causing hurt or grievous hurt to deter public servant (ss 332 and 333).
(9) Causing hurt or grievous hurt on provocation (ss 334 and 335).
(10) Causing hurt or grievous hurt by endangering life or personal safety of
others (ss 336, 337, 338).

HURT
( section 319 – 338 )

SIMPLE HURT GRIEVOUS

HURT
( section 319,321,232,324) (section 320,322,325,326)

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Hurt
Section 319 Hurt --Whoever causes bodily pain, disease or infirmity to any
person is said to cause hurt.
Essentials.
1) Bodily pain
2) Disease to another person
3) Infirmity

Section 319 defines hurt as ‘whoever causes bodily pain, disease or

infirmity to any person is said to cause hurt’. This section does not define
any offence. It merely states what is the meaning of ‘hurt’. The
expression ‘bodily pain’ means that the pain must be physical as opposed
to any mental pain. So, mentally or emotionally hurting
somebody will not be ‘hurt’ within the meaning of this section. However,
in order to come within this section, it is not necessary that any visible
injury should be caused on the victim. All that the section contemplates is
the causing of bodily pain. The degree or severity of the pain is not a
material factor to decide whether this section will apply or not. But if the
harm is so slight that a person of ordinary sense would not complain, sec
95 would apply.

Section 321. Voluntarily causing hurt.--Whoever does any act with the
intention of thereby causing hurt to any person, or with the knowledge that he
is likely thereby to cause hurt to any person, and does thereby cause hurt to any
person, is said “voluntarily to cause hurt”.

Essentials
1) Intention
2) Knowledge

If ‘intention’ or ‘knowledge’ is absent , then it will not amount to

voluntarily causing hurt.
- Actus reus – act of causing hurt
- Mens res – intention or knowledge of causing hurt

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INTENTION OR KNOWLEDGE

Intention to cause hurt, or knowledge that an act is likely to cause hurt, is the
most decisive factor to decide whether a person can be held guilty of voluntarily
causing hurt. The extent of injury that is actually caused is not relevant, but
what is the intention with which the hurt was caused is relevant. There may be
cases where the act may even result in death. But, if the intention of the accused
as gathered from the surrounding background facts, was only to cause hurt, then
the accused will be punishable only under this section and not for murder.

Section 323. Punishment for voluntarily causing hurt.--Whoever, except in

the case provided for by section 334, voluntarily causes hurt, shall be punished
with imprisonment of either description for a term which may extend to one
year, or with fine which may extend to one thousand rupees, or with both.

Section 334, deals with causing hurt on provocation, then the

punishment prescribed under this section will not apply, because a lesser
punishment of maximum imprisonment of one month and a maximum fine of
five hundred rupees is provided under that section.

Grievous hurt
Section 320. Grievous hurt.--The following kinds of hurt only are
designated as “grievous”
First.-Emasculation.
Secondly. - Permanent privation of the sight of either eye.
Thirdly - Permanent privation of the hearing of either of ear.
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.

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Firstly.- Under first clause emasculation means deprivation of the properties of

a male, or castration.
Secondly.- Under the second clause, the privation of the sight of either eye must
be permanent. Temporary privation of sight, therefore, does not amount to
grievous hurt. Privation means state of being deprived.
Thirdly.- Under the third clause, privation, that is to say, state of being
deprived of, of hearing of either ear, must be permanent. Therefore, temporary
privation of hearing does not amount to grievous hurt.
Fourthly.- Under the fourth clause, privation of any member or joint is
grievous hurt. Member means distinct part of a whole. Especially a limb. Under
this clause, the privation does not need to be permanent.
Fifthly.- Under the fifth clause, destruction of the power of any member or
joint, or permanent impairing of the powers of any member or joint amounts to
grievous hurt. In case of not destruction but impairment only, the impairment
must be permanent and, therefore, mere temporary impairment of powers of any
member or joint does not amount to grievous hurt.
Sixthly.- Under the sixth clause, permanent disfiguration of the head or face
amounts to grievous hurt. Disfiguration means spoiling the figure, or changing
to worse form, or spoiling the beauty, or deforming. Therefore, cutting off nose
or ears, branding the cheeks with red-hot iron, cut inflicted by a sharp razor on
the face are all grievous hurts under this section. The disfiguration must,
however, be permanent and not temporary.
Seventhly.- Under the seventh clause, fracture or dislocation of a bone or tooth
is grievous hurt. An important reason as to why fracture or dislocation has been
designed as grievous hurt may perhaps be that the same causes great pain and
suffering to the victim. A scratch or cut not across the bone cannot be held to be
grievous hurt. But where a bone is cut to a depth of half an inch, it does amount
to grievous hurt.
Eighthly.- Under the eighth clause, any hurt which endangers life or which
causes the victim to be during the space of twenty days in severe bodily pain, or
unable to follow his ordinary pursuits amounts to grievous hurt. Where a doctor
describes an injury as dangerous to life, he means that this is a hurt which
endangers life, and so the injury is grievous hurt.

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Voluntarily Causing Grievous hurt

Section 322. Voluntarily causing grievous hurt.--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’’.

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.

Section 325. Punishment of Grievous Hurt (Art. 335 exception)

- Up to 7 years

Section 326. Punishment for Grievous Hurt with dangerous weapon

- Life imprisonment or imprisonment up to 10 years
- By means of any instrument for shooting, stabbing, or cutting , or any
instrument which. Used as 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

Jameel Hasan Vs The State, 1974

Accused bit he nose tip of the victim, the teeth would be considered dangerous
weapon because the teeth can be used as an instrument of cutting. So , the
offence would fall under section 324 or 326 according to the fact as to whether
the act falls under hurt of grievous hurt.

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If a person has knowledge/intention of causing hurt but grievous hurt was

caused because of some unforeseeable circumstances then he will be liable only
for hurt.

If a person intends/has knowledge of causing one kind of grievous hurt and he

causes and other type of grievous hurt then he is liable for the grievous hurt
caused even though the intention was not for that particular grievous hurt.

Article 326A and 326B – Acid Related provisions

Grievous hurt by throwing Acid under 326A

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
- 10 years of imprisonment which may extend to life imprisonment
- Fine will be paid to the victim
- Fine must be reasonable to meet he medical expenses of the victim

Attempt to throw acid under 326B

- Imprisonment of 5-7 years with fine

Causing hurt or grievous hurt to extort property

Section 327. Voluntarily causing hurt to extort property, or to constrain to

an illegal act

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Section 329. Voluntarily causing grievous hurt to extort property, or to

constrain to an illegal act.
Sections 327 and 329 apply to cases where the offender voluntarily causes hurt
or grievous hurt for the purpose of extorting property or to compel a person to
do an illegal act. The essential ingredients of these two sections are:
(i) a person should voluntarily cause hurt or grievous hurt;
(ii) it should be for the purpose of extorting from the victim or from any
person interested in the victim, any property or valuable security, or
should be for the purpose of compelling the victim or any person
interested in the victim to do an illegal act or facilitate the commission
of an offence.

Thus, the crux of these sections is not the nature of the injury, but the
purpose for which the injury has been caused. Of course, the nature of the
injury caused will determine the quantum of punishment. If the injury caused is
simple hurt, then the punishment prescribed is simple or rigorous imprisonment
for a term up to ten years and fine. If the injury caused is grievous hurt, then the
punishment prescribed is imprisonment for life or simple or rigorous
imprisonment for a term up to ten years and fine.

CAUSING HURT BY MEANS OF POISON

Section 328. Causing hurt by means of poison, etc., with intent to commit
an Offence.

Essential ingredients of the section :-

1) The offender should administer a poisonous, stupefying, intoxicating or

unwholesome drug.

2) Such administration should be with the intention to cause hurt, or to

commit or facilitate the commission of an offence.

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3) such administration should be with the knowledge that it is likely to cause

hurt.

Causing hurt to extort confession, or to compel

restoration of property.

Section 330 and Section 331 deals with, voluntarily causing hurt to extort
confession, or to compel restoration of property.

D.K Basu Vs the state of west Bengal

Section 330 and 331 provide for punishment of those who inflict injury of
grievous hurt on a person to extort confession or information in regard to
commission of an offence. Illustration (a) and (b) to Section 330 make a police
officer guilty of torturing a person in order to induce him to confess the
commission of a crime or to induce him to confess the commission of a crime or
to induce him to point out places where stolen property is deposited. Section
330, therefore, directly makes torture during interrogation and investigation
punishable under the Indian Penal Code.

The essentials of these sections are:

1) The offender should voluntarily cause hurt or grievous hurt

2) It should be done for the purpose of:-

A) To extort confession or information
B) To restore or cause restoration of any property or valuable security
C) To satisfy any claims or demands
D) To obtain information, which may lead to the restoration of any
property or valuable security.

3) if it is for the purpose of extorting confession or information, such

confession or information should lead to the detection of an offence or
misconduct.

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The punishment provided for voluntarily causing hurt or grievous hurt under s
330 and s 331 is simple or rigorous imprisonment for a term up to seven and ten
years and fine respectively.

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Causing hurt or grievous to deter public servant

Section 332 – voluntarily causing hurt to deter public servant from his duty
(i) the offender should voluntarily cause hurt or grievous hurt to a public
servant
(ii) it should be caused
(a) when the public servant acted in discharge of his duties
(b) to prevent or deter that public servant or any other public servant
from discharging his duty
(c) in consequence of anything done or attempted to be done by the
public servant in the discharge of his duty.

In Allauddin Jiyauddin v State of Maharashtra , a head-constable disclosed his

identity and informed the, accused that he was arresting him in respect of
cognizable offence of theft. The accused resisted the arrest and beat him.
However, since the police officer was not in his uniform at the time of arrest,
though he is said to have disclosed his identity and the accused was not fully
informed about the charge against him, it may have prompted the accused to
resist the arrest. In view of this, the accused was convicted and sentenced to
three months rigorous imprisonment.

In Kesho Ram v Delhi Administration, the complainants were section

inspectors of the Delhi Municipal Corporation. The accused was in default of
payment of milk tax. So, the inspectors went to seize the buffalo belonging to
the accused in the discharge of their duty to realise the milk tax from him. The
accused obstructed the inspectors when they went to seize the buffalo and struck
one of them on the nose with the result that it bled and was also fractured. The
Supreme Court found the accused guilty under ss 332 and 333, but in view of
the fact that the inspectors did not follow the procedure for recovery of the tax
and the accused did not refuse to pay, but merely told them he was not ready to
pay the money instantly, the sentence imposed by the lower courts was reduced
by the Supreme Court to the period already undergone. The fine amount
imposed was set aside.

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Causing hurt or grievous hurt on provocation

Section 334. Voluntarily causing hurt on provocation.--Whoever voluntarily

causes hurt on grave and sudden provocation, if he neither intends nor knows
himself to be likely to cause 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 one month, or with fine which may extend to five
hundred rupees, or with both.

Section 335. Voluntarily causing grievous hurt on provocation.—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.

Causing hurt or grievous hurt by endangering life or

personal safety

Section 336. Act endangering life or personal safety of others.--Whoever

does 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 three months, or with fine which may extend to two
hundred and fifty rupees, or with both.

Section 337. Causing hurt by act endangering life or personal safety of

others.-- Whoever causes 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 six months, or with fine which may extend to five hundred rupees, or with
both.

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Section 338. Causing grievous hurt by act endangering life or personal

safety of others—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 both.

CONCLUSION

As observed above, ‘Hurt’ is mischief, injuring, torment, irritation, throbbing,

inconvenience, hurting, stinging, throbbing, aches. In every single criminal
court, the greater part of the cases is ‘deliberately causing hurt’ cases. When
there is a neighbourly settlement between the gatherings in non-compoundable
hurt cases like 324 and 326 IPC, it is apparent from the decisions of our legal
executive and judiciary that tolerant view is being taken. The Law Commission
in its 237th report prescribes that Section 324 IPC ought to be inducted into the
ambit of Section 320 CrPC and it ought to hold its unique situation in Table 2
attached to sub-section(2) thereof. Medicinal narrative confirmations like
medico-legal reports on harms arranged by the restorative specialists are
significant for the courts in making their lawful decisions. The kind of wounds
and weapons, lawful classes of damages and their ages must be explicitly noted
in the damage reports: Medicolegal preparing and encounters fortify the
capacities of the restorative master observers.

In my view, to diminish pendency of these cases, it is the obligation of the

Government of India to find a way to revise Section 320 of Cr.P.C to compound
Section 324 of IPC cases. The injured individual is set up to support the hostile
direct of the blamed who became reprimanded and apologetic. Criminal law
should be receptive to observe such circumstances and shall give solution to end
the criminal procedures in regard to specific sorts of offences. That is the
justification behind the exacerbating of offences. Unexpectedly, the aggravating
plan assuages the courts of the weight of aggregated cases. Make certain to taste
your words before you let them out.

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BIBLOGRAPHY

1) http://www.lawcom.gov.uk/app/uploads/2015/11/51950-LC-
HC555_Web.pdf

2) https://blog.ipleaders.in/hurt-and-grievous-hurt-everything-you-need-to-
know-about-it/#Conclusion

3) http;//indiankanoon.org/doc/37265

4) Indian penal code , k d gaur

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