Friday, 3 June 2022

Hurt and Grievous Hurt

 Hurt and Grievous Hurt

Currently, a substantial percentage of criminal cases in India's Courts of Judicial Magistrate First Class are 'Hurt' charges. For example, offences punishable under the Indian Penal Code, 1860, Sections 323, 324, and 326. Without these cases, there would be no criminal court. Influence damage to, induce torment to, injure, debilitate, harm, wound, cripple, weaken, harm are all examples of the word 'hurt.' In other words, it means 'to be unfavourable to.' When a delineation uses "wounds" as an action word, it does not distinguish between harm caused by "simple nature" and damage caused by "grievous nature." The designers found it was difficult to distinguish between substantial damages that are serious in nature and minor damages. It is said that in order to draw such a line with great precision was totally impossible. Therefore, specific sorts of hurt were assigned as grievous.

Hurt may be described as the bodily pain that is resulting from real contact with the frame by an aggravated assault. There’s no radical difference between assault and harm. Section 319 of the Indian Penal Code, 1860 (hereinafter “IPC”) defines hurt as: “whoever reasons bodily pain, disorder or disease to any man or woman is said to have caused harm.” The section does not outline the offence of inflicting harm. It defines best the time period hurt and does not describe the situations underneath which it can be brought on.

According to Section 319 of the Indian Penal Code, anybody who causes bodily pain, disturbance, or sickness to someone is considered to be hurting them. The term 'physical pain' implies that the agony must be physical rather than mental. As a result, injuring someone psychologically or emotionally will no longer be considered "harm" under Section 319. However, it is not necessarily necessary for any apparent harm to occur at the suffering in order to be protected under this rule. The section only considers the infliction of bodily suffering. The degree or severity of the aching or pain isn't a factor in determining whether Section 319 applies. The length of the soreness or agony is irrelevant. Using a girl's hair to drag her would amount to hurt.

In the State vs Ramesh Dass on 22 May 2015 In a hospital, passing through the corridor, in the new surgical block location, an unknown public individual came from the front and attacked the woman. That individual pulled her hair and threw her to the ground. He hit her on her head together with his hand. Accused was convicted for the offences under Section 341 and 323 of the IPC and acquitted for the offence under Section 354 of the IPC.

Mischief, harming, torture, annoyance, throbbing, discomfort, hurting, stinging, throbbing, pains are all examples of the word 'hurt.' The majority of trials in any criminal court are situations of "deliberately inflicting harm." When there is a neighbourly settlement between the parties in non-compoundable injury matters like 324 and 326 IPC, it is clear that our legal executive and courts are taking a tolerant stance. Section 324 IPC should be admitted into the purview of Section 320 CrPC, according to the Law Commission's 237th report, and it should retain its unique status in Table 2 appended to sub-section(2) thereof. Medical narrative confirmations, such as medico-legal reports on injuries prepared by restorative experts, are crucial for courts to make lawful conclusions.

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