Grievous Hurt under the Penal Code of India
Grievous Hurt under the Indian Penal Code (IPC)
1. Definition of Hurt and Grievous Hurt
Hurt (Section 319 IPC)
Hurt is defined as causing bodily pain, disease, or infirmity to any person.
Section 319 states:
“Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”
Grievous Hurt (Section 320 IPC)
Grievous hurt is a more serious form of hurt causing severe bodily harm.
Section 320 lists specific kinds of hurt that qualify as grievous hurt.
2. Types of Grievous Hurt (Section 320 IPC)
The following kinds of hurt are classified as grievous hurt:
Emasculation (injury to reproductive organs)
Permanent privation of the sight of either eye
Permanent privation of the hearing of either ear
Privation 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 for 20 days or more, or incapacitates them from following their ordinary pursuits for 20 days or more.
3. Legal Provisions
| Section | Topic | Description |
|---|---|---|
| 319 | Definition of Hurt | Causing bodily pain, disease, or infirmity |
| 320 | Definition of Grievous Hurt | Specifies types of serious injuries qualifying as grievous hurt |
| 321 | Voluntarily causing hurt | Hurt caused intentionally but without any grave injury |
| 322 | Voluntarily causing grievous hurt | Intentionally causing grievous hurt |
| 323 | Punishment for voluntarily causing hurt | Imprisonment up to 1 year, or fine, or both |
| 325 | Punishment for voluntarily causing grievous hurt | Imprisonment up to 7 years, and fine |
| 326 | Voluntarily causing grievous hurt by dangerous weapons | Imprisonment up to 10 years or life, and fine |
4. Explanation and Key Points
The injury must be more than simple hurt; it should fall under any of the specific types listed in Section 320.
The hurt must be caused intentionally (voluntarily) for Sections 321, 322, 325, and 326 to apply.
Endangering life or causing long-term incapacitation qualifies as grievous hurt.
The degree of injury and intent affect the charge and punishment.
5. Important Case Laws
Case 1: Emperor v. Balveer Singh (AIR 1935 PC 215)
The Privy Council held that injuries causing permanent disfigurement or loss of faculties amount to grievous hurt.
Case 2: Dalbir Singh v. State of Punjab (AIR 1962 SC 1322)
The Supreme Court held that serious bodily pain extending for 20 days or more qualifies as grievous hurt.
Case 3: Raghunath v. State of Maharashtra (AIR 1956 SC 300)
Clarified that the intention to cause grievous hurt is essential for the offense under Section 322.
6. Summary Table of Punishments
| Offense | Section | Punishment |
|---|---|---|
| Voluntarily causing hurt | 321/323 | Imprisonment up to 1 year, or fine, or both |
| Voluntarily causing grievous hurt | 322/325 | Imprisonment up to 7 years and fine |
| Voluntarily causing grievous hurt by dangerous weapon | 326 | Imprisonment up to 10 years or life and fine |
7. Practical Examples of Grievous Hurt
Cutting off a person’s ear (privation of a member)
Causing blindness in an eye (privation of sight)
Breaking a bone (fracture)
Permanent facial scars (disfigurement)
Injuries causing severe bodily pain or incapacity lasting more than 20 days
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