Saturday, 28 May 2022

Hurt and grievous hurt differences

 HURT AND GRIEVIOUS HURT DIFFERENCES..



INTRODUCTION 

The offence of injury is defined by Section 319 of the Indian Penal Code. Causing Hurt is defined as the act of inflicting bodily pain, disease, or infirmity on another person. Physical pain is covered, but not mental agony. The term “infirmity” refers to the inability of one or more organs to perform regular bodily functions. A temporary or permanent disability could exist. Section 323 of the Indian Penal Code punishes such acts of violence.


The definition of grievous harm is found in Section 320 of the IPC, and the offence of “voluntarily causing grievous harm” is found in Section 322 of the IPC. There are eight distinct scenarios that are thought to be necessary for inflicting severe bodily harm on a person .

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 severe bodily pain, or unable to follow his ordinary pursuits.









No


                 Hurt


                   Grievous hurt



1.



Definition:


Hurt defined under Section 319 of  the Indian Penal Code-

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



Definition:


According to Section 320 of Indian Penal Code - 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 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.


Eighthly - 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.



2


The nature of Hurt is simple


The nature of Grievous hurt is grievous.



3


It Covers bodily pains disease or infirmity to any person  


According to Section 320 there are eight kinds of hurt which are said grievous in nature.




4


The offence is non-cognizable, bailable and triable by any Magistrate


The offence is cognizable, bailable, compoundable with the permission of the Court before which any prosecution of such offence is pending and triable by any Magistrate .



5


Punishment :


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 323 IPC)



Punishment :


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.(Section 325 IPC)


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