Grievous Hurt Under Section 320 Ipc
What is Grievous Hurt?
Section 320, IPC defines Grievous Hurt as any hurt which falls under any of the following categories:
Emasculation
Permanent loss of sight of either eye
Permanent loss of hearing of either ear
Loss of any member or joint
Destruction or permanent impairing of the powers of any member or joint
Permanent disfiguration of the head or face
Fracture or dislocation of a bone or tooth
Any hurt which endangers life, or causes the victim to be in severe bodily pain or unable to follow ordinary pursuits for 20 days or more.
Importance of Section 320
It classifies serious injuries, making the offence more grave.
Grievous hurt attracts higher punishments than simple hurt.
It is an essential ingredient in serious offences like Attempt to Murder (Section 307 IPC), Voluntarily Causing Grievous Hurt (Section 325 IPC).
Key Features
Hurt causing permanent disfigurement, loss, or impairment is grievous hurt.
Temporary injuries causing serious pain or preventing normal activities for 20+ days are also grievous.
The injury must be objectively assessed based on medical evidence.
Intention or knowledge is necessary to prove culpability.
Important Case Laws on Grievous Hurt under Section 320 IPC
1. Raghubir Singh v. State of Punjab (1951) AIR 123, SC
Facts: The accused inflicted injury with a weapon.
Issue: Whether the injury amounted to grievous hurt.
Ruling: Court held that permanent disfigurement or permanent loss of any member qualifies as grievous hurt.
Principle: Grievous hurt requires a serious and lasting injury.
Significance: Clarified the degree of injury needed for classification as grievous hurt.
2. Darshan Singh v. State of Punjab (1960) AIR 812, SC
Facts: The accused inflicted injury on the victim.
Issue: Whether injury causing prolonged pain without permanent disfigurement can be grievous hurt.
Ruling: Injury causing inability to pursue ordinary activities for 20 days is grievous hurt.
Principle: Duration of incapacity can qualify hurt as grievous.
Significance: Expanded interpretation to include temporary but severe injuries.
3. Virsa Singh v. State of Punjab (1958) AIR 465, SC
Facts: Accused stabbed deceased causing fatal injury.
Issue: Difference between grievous hurt and murder.
Ruling: Court differentiated intent for grievous hurt and intent to kill.
Principle: Severity of injury and intention govern classification.
Significance: Helped distinguish between offences involving grievous hurt and murder.
4. State of Haryana v. Bhajan Lal (1992) AIR 604
Facts: Accused caused fracture to victim’s limb.
Issue: Whether fracture amounts to grievous hurt.
Ruling: Fracture of bone is specifically mentioned in Section 320 as grievous hurt.
Principle: Fracture unequivocally amounts to grievous hurt.
Significance: Confirmed fracture as grievous hurt.
5. Sunil Kumar v. State of Haryana (1997) Cri LJ 1645
Facts: Accused assaulted victim causing permanent disfiguration.
Issue: Whether permanent disfiguration constitutes grievous hurt.
Ruling: Permanent disfiguration of the face or head qualifies as grievous hurt.
Principle: Disfigurement is a grievous injury.
Significance: Upheld permanent disfigurement under Section 320.
6. Gurcharan Singh v. State of Punjab (1954) AIR 38
Facts: Accused inflicted injury on victim’s eye.
Issue: Whether permanent loss of sight constitutes grievous hurt.
Ruling: Court held permanent loss of sight is grievous hurt.
Principle: Loss of vital sensory organs is grievous hurt.
Significance: Reinforced severity of sensory organ injuries.
7. Tukaram S. Dighole v. State of Maharashtra (2010) 9 SCC 1
Facts: Accused inflicted injury with dangerous weapon.
Issue: Differentiating simple hurt and grievous hurt.
Ruling: Court noted the importance of medical evidence to prove grievous hurt.
Principle: Medical evidence is critical in establishing grievous hurt.
Significance: Emphasized the role of medical examination.
Summary Table: Categories of Grievous Hurt (Section 320 IPC)
| No. | Category | Explanation |
|---|---|---|
| 1 | Emasculation | Permanent loss of male reproductive ability |
| 2 | Permanent loss of sight | Loss of vision in either eye |
| 3 | Permanent loss of hearing | Deafness in either ear |
| 4 | Loss of any member or joint | Amputation or loss of body part or joint |
| 5 | Destruction/impairment of powers of member | Permanent disability of limb or joint |
| 6 | Permanent disfigurement | Lasting deformity of head/face |
| 7 | Fracture or dislocation | Broken bone or dislocated joint |
| 8 | Hurt endangering life or incapacitating | Hurt causing severe pain or inability >20 days |
Conclusion
Grievous hurt is a more serious form of hurt attracting heavier punishment.
It involves either permanent injury or serious temporary incapacity.
Medical evidence and expert opinion are crucial.
Intent or knowledge of causing grievous hurt is needed for prosecution under Section 320 read with relevant penal sections (like 325 IPC).
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