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Grievous hurt

Hurt (Section 319):

Whoever causes bodily pain, disease or infirmity to any person is said to cause a hurt.

Grievous Hurt (Section 320):

According to Sec-320, Any of the following 8 instances come under the Grievous hurt, they are:

1) Emasculation

2) Permanent privation of the sight of either eye.

3) Permanent privation of the hearing of either ear.

4) Privation of any member or joint.

5) Destruction or permanent impairing of the powers of any member or joint.

6) Permanent disfiguration of the head or face.

7) Fracture or dislocation of a bone or tooth.

8) Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in sever bodily pain, or unable to follow his ordinary pursuits.

1. Emasculation

Emasculation means deprivation of masculine vigor or castration. Emasculation is unsexing a man.

2. Permanent privation of the sight of either eye:

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 of.

3. Permanent privation of the hearing of either ear:

The privation of the hearing of either ear must be permanent. Therefore temporary privation of hearing does not amount to grievous hurt.

4. Privation of any member or joint:

Privation of any member of 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.

5. Destruction or permanent impairing of the powers of any member or joint:

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.

6. Permanent disfiguration of the head or face.

Under sixthly clause permanent disfiguration of the head or fact 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.

In Gangaram

V

State of Rajasthan

Where the bridge of nose was cut be a sharp-edged weapon, it held that the act amounted to permanent disfiguration.

7. Fracture or dislocation of a bone or tooth:

Fracture or dislocation of a bone or tooth is grievous hurt. An important reason as to why fracture or dislocation has been designated as grievous hurt may perhaps be that the same causes great pain and suffering to the victim. Loosening of four teeth, or a scratch or cut not across the bone cannot be held to be grievous hurt. Break by cutting or splintering of bone, or rupture or fissure in it, is a fracture and hence grievous hurt.

In Harilal

V

State of U.P

The Supreme Court held that the fracture means breaking of a Bone. A cut that does not go across the bone cannot be called as a Fracture of the Bone but if the injury has partial cut on the skull may be called as a Fracture. 

8. Any hurt which endangers life or which causes the sufferer to be during the space of 21days in sever bodily pain, or unable to follow his ordinary pursuits:

Any hurt which endangers life or which causes the victim to be during space of 21 days in severe bodily pain, or unable to follow his ordinary pursuit’s 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. Throwing sulphuric acid causing severe acid burns and inflicting a blow on the abdomen by a knife, are grievous hurts as they fall under this clause. But inflicting such injuries by a chain as were not endangering life and where the victim remained in the hospital for thirteen days were not grievous hurts.

Punishment for Grievous Hurt (Section 325 to 328):

a) Voluntarily causing grievous hurt is imprisonment which may extend to 7 years with fine.

b) Voluntarily causing Grievous hurt by dangerous weapons is imprisonment which may extend to 10 years with fine.

c) Voluntarily causing grievous hurt by the use of acid etc, it may be life imprisonment with fine. 

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