Wednesday 3 July 2013

Hurt-Simple/Grievous

                        Whenever two or more person cause bodily injury or pain or disease or infirmity to each other in a scuffle, have caused hurt. These injuries may be simple or grievous in nature.

Hurt or simple hurt :

                             Whenever any person causes injury on body or any disease or infirmity to other person is said to cause hurt or simple hurt.

                              e.g. if hurt is caused by blunt weapon i.e. rod, stick etc. and is not grievous is punishable u/s 323 IPC which is non-cognizable.

Grievous hurt :

                              Hurt is designated as grievous as :
  • Permanent privation of sight of either eye.
  • Permanent privation of the hearing of either ear.
  • Privation of any joint.
  • Destruction or permanent impairing of power of any joint.
  • Permanent dis figuration of head or face.
  • Fracture or dislocation of head or face.
  • Any hurt which endangers life or which causes sufferer to be during space of 20 days in severe bodily pain or unable to follow his pursuit.
  • Emasculation.
                              e.g. whenever someone causes hurt to another person in any of the above mentioned way by means of blunt weapon are covered u/s 325 IPC which is cognizable.

Hurt by dangerous weapon :

                            Whenever any person causes hurt by one of the following means :
  • shooting
  • stabbing
  • cutting
  • fire
  • heated substance
  • any poison
  • corrosive substance
  • deleterious substance to inhale, to swallow or to receive in blood of human body
  • any animal
                           Whenever any person cause injury intentionally by any one of the above ways, is covered u/s 324 IPC which is cognizable.

Grievous hurt by dangerous weapon :

                       Whenever any person causes grievous hurt mentioned in any of the means mentioned in "hurt by dangerous weapon" is covered u/s 326 IPC and is cognizable.

Other important points/sections :

                         There are some other important sections of Indian Penal Code which are mentioned below :

 

  • If any person causes hurt to extort property or to constraint to illegal act, punishment is 10 years and offence is cognizable.

  • If any person causes hurt by means of poison or any stupefying, intoxication or drug etc. is punishable u/s 328 IPC and is cognizable.

  • If any person causes hurt to extort property is punishable u/s 329 IPC and is cognizable.

  • If any person causes hurt to extort confession or to compel restoration of property is punishable u/s 330 IPC and is cognizable.

  • If any person causes grievous hurt to extort property or to compel restoration of property is punishable u/s 331 IPC and is cognizable.

  • If any person causes simple hurt to a public servant in discharge of his duties is punishable u/s 332 IPC.

  • If any person causes grievous hurt to a public servant in discharge of his duties is punishable u/s 333 IPC.

  • Section 332 IPC and 333IPC are used in combination with section 353 IPC in the FIR where section 353 IPC is assault or criminal force used to deter public servant to discharge his duties.

  • Hurt is intentional in all the sections mentioned above.

                     Sections of IPC  mentioned above may result in more heinous crime like murder or attempt to murder or culpable homicide etc. in sections 302, 307, 304 IPC which will be discussed in later posts.

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