INTRODUCTION
Chapter XVI of the Indian Penal Code, 1860 consists of offences affecting the human body and life. Hurt is also an offence that affects the human body and life. This article explores the meaning, punishment and aggravated forms of hurt.
HURT
It means any voluntary act of a person that can cause pain, disease or infirmity to another person. It is a part of Chapter XVI. The provisions of Hurt are Section 319, 321, 323, 324, 327, 328, 330, 332, 334, 337 of Indian Penal Code, 1860. Many offences may fall in both hurt and assault.
Section 319 defines hurt, Any person who causes bodily pain, disease or infirmity to a person, it is said that person has committed hurt. For hurt, the three things are:
- Bodily Pain
The term ‘bodily pain’ clearly refers to only physical pain and not mental pain. It is not required that visible injury should be present. The duration of pain is immaterial. Example of hurt is pulling a woman by her hair, kicking, slapping a person, etc.
-
Disease
The communication of disease from one person to another by the way of touch also constitutes hurt.
-
Infirmity
The term ‘infirmity’ refers to the inability of an organ to perform in its normal function. Such infirmity can either be temporary or permanent.
If a person did not have any knowledge or intention that death is likely to be caused from the inflicted harm, and death is caused, then such a person is only guilty of hurt, not murder. This can be understood by the case of ‘Randhir Singh1’, where the accused caused the death of a person by throwing a brick at him and the brick struck him in the region of the spleen and ruptured it. The spleen of the person was diseased. The accused had no intention of causing death or injury that can cause death, hence he was held guilty under hurt only.
VOLUNTARILY CAUSING HURT
Section 321 states If a person does any act with the intention of causing hurt or with the knowledge that hurt can be caused to any person, it is said to be voluntarily causing hurt.
PUNISHMENT FOR VOLUNTARILY CAUSING HURT
It has been punished under Section 323 with imprisonment for a term that may extend to one year or with a fine that may extend to Rs 1000 or both.
Aggravating forms of hurt
Section 324,327,328,329,330 and 332 consists of the offence of hurt under aggravating circumstances. Section 334, 336 and 337 provide punishment when there are certain mitigating circumstances. This table represents the sections, their act and punishment.
| Section | Act of Hurt | Punishment |
| 324 | Voluntarily causing hurt by:
· dangerous weapons · instruments causing shooting, stabbing, cutting |
Imprisonment of either description for a term that may extend to three years or fine or both. |
| 327 | Voluntarily causing to:
· Extort property or valuable security · Constrain to an illegal act
|
Imprisonment of either description that may extend to ten years and fine. |
| 328 | Voluntarily causing hur by:
· Poison or any stupefying, intoxicating or unwholesome drug |
Imprisonment of either description that may extend to ten years and fine. |
| 330 | Voluntarily causing hurt to:
· Extort confession or any information · Compel restoration of property or valuable security |
Imprisonment of either description for a term that may extend to seven years and fine. |
| 332 | Voluntarily causing hurt to:
· Deter public servant from his duty |
Imprisonment of either description for a term that may extend to three years or fine or both. |
| 334 | Voluntarily causing hur on:
· Grave and sudden provocation |
Imprisonment of either description for a term that may extend to one month, or fine that may extend to Rs 500 or both |
| 336 | An act done rashly or negligently to:
· Endanger human life · Or personal safety |
Imprisonment of either description for a term that may extend to a term of three months or fine that may extend to Rs250 or both |
| 337 | Causing hurt by an act done rashly or negligently to
· Endanger human life or personal safety |
Imprisonment of either description for a term that may extend to six months, or fine that may extend to Rs 500 or both. |
CASES:
- Anis Beg v. State2
The accused of age 16 years was in love with a girl who was 3 or 4 years younger to him. He intended to administer her love philter and so, gave a younger boy to give the girl some sweetmeats. The girl and her family members ate the sweetmeats and they all had some violent symptoms of dhatura poisoning but no one died. He was held guilty of causing hurt.
- Sailendra Nath Hati v. Aswini3
The accused slapped and kicked on the waist after her fell, the accused was held guilty of causing hurt.
- Marana Goundan4
The accused asked the deceased to give him one anna which the deceased owned him. The deceased promised to pay later. The accused kicked him twice on the abdomen which led to death. The accused was held guilty of hurt because he did not intend to cause death and had no knowledge that kicking on abdomen would endanger life.
Hence, these are the provisions of hurt under the Indian Penal Code, 1860.
SOURCES:
1 (1881) All 597
2 (1923) 46 All 77
3 1988 Cri L.J. 343(Cal)
4 AIR 1941 Mad. 560
Books referred:
- Ratanlal & Dhirajlal: The Indian Penal Code (PB) 36th Edition, Lexis Nexis, 2020
- N. Mishra: The Indian Penal Code, Nineteenth Edition, Central Law Publications, 2014
This blog is written by Jyotsna Singh, Banasthali Vidyapith
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