Grievous Hurt Under Section 320 of the Indian Penal Code
The offence of grievous hurt endangers the life of a human body. It affects the life of a human very badly. In India, the concept of grievous hurt is covered under Section 320 of the Indian Penal Code.
This offence has two main elements:
- The offence of hurt shall occur.
- The hurt shall be grievous in nature. It means that offences should fall under eight types of injury stated in Section 320 of the Indian Penal Code.
Eight Types of Grievous Hurt Under Section 320 IPC
Section 320 of the IPC has listed eight types of grievous injuries, which are as follows:
| Clause | Type of Grievous Hurt | Key Explanation |
|---|---|---|
| A | Causing Emasculation | Injury affecting the sexual capacity of a man. |
| B | Permanent Privation of Vision | Permanent loss of vision of either eye. |
| C | Permanent Privation of Hearing | Permanent loss of hearing capacity. |
| D | Privation of Member or Joint | Permanent loss of any organ or joint. |
| E | Impairment of Limb or Joint | Permanent impairment of powers of any limb or joint. |
| F | Permanent Disfigurement | Permanent disfigurement of face or head. |
| G | Fracture or Dislocation | Fracture or dislocation of bone or tooth. |
| H | Injury Endangering Life | Injuries that endanger life or cause severe bodily pain. |
A} Causing Emasculation
It is an injury that affects the sexual capacity of a man. The injury is inflicted by cutting the organ or causing injury to the scrotum and the testis. This doesn’t include females. The accused will be held liable only if the aggrieved regain their sexual vigour.
B} Causing Permanent Privation of the Vision of Either Eye
Privation of the vision of the eye can occur by putting hazardous chemicals or poking them into eyes. It includes the loss of complete vision. The nature of the injury should be permanent. Any temporary injury can’t be included under the scope of grievous hurt of Section 320 of IPC.
C} Causing Permanent Privation of Hearing Capacity
The permanent injury of the ear that makes a person completely deaf is included under grievous hurt. It deprives the hearing capacity of a human being. This injury can be inflicted by a strong blow on the head or the ears or by inserting a stick in the ear. Putting a hazardous substance into the ear will also be considered a grievous injury.
D} Causing Permanent Privation of Any Member or Joint
“Member” in this phrase meant any organ or limb, and “joint” refers to a place in the body wherein two bones or muscles come together and make a connection. The offence of grievous hurt will be committed if any of the joints become stiff and the normal functioning of the joints fails. The failure of the functioning of the joint can lead to the grievous hurt under IPC. The privation must be permanent. Temporary privation will not be included under grievous hurt of the IPC.
E} Causing Destruction or Permanent Impairment of Powers of Any Limb or Joint
The permanent impairment must be there for the inclusion of grievous hurt. In this clause, the loss of a hand or the loss of a little finger can also be considered a grievous hurt.
F} Causing Permanent Disfigurement of the Head or Face
There should be permanent disfigurement of the face or head. The term “disfigure” relates to the external injury which is caused to the accused. If the head or face is deformed, then it will amount to grievous hurt even though the injury may not have impacted their functioning either temporarily or permanently.
The examples are as follows:
- Tearing of ear
- Cutting nose
- Attacking cheeks with sharp object
- Permanent scar remaining after putting hot iron
The permanent scar remaining after putting hot iron on can also be an example of disfiguration.
G} Causing Fracture or Dislocation of a Bone or Tooth
The term ‘fracture’ means the breaking of a bone. Even a crack or cut in the bone will also be considered in the category of grievous hurt. A normal scratch can’t be taken into consideration, but dislocation of the bone or the joint also falls under the scope of grievous hurt.
H} Causing Any Hurt Which Endangers the Life
will thenThe grievous hurt also included those injuries which put the life of an individual at risk. The injuries which causes severe pain in body and unable that person to function properly for a period of twenty days then those injuries will be included under grievous hurt
Punishment for Grievous Hurt
There are many types of punishment prescribed under the offence of grievous hurt. The imprisonment can be simple or rigorous, and it mainly depends upon the facts of the case. The punishments for grievous hurt are as follows:
A} Punishment for Causing Grievous Hurt Voluntarily
If a person deliberately and voluntarily causes grievous hurt to any other person, then he will be subject to imprisonment, which can be extended up to seven years. The person can be liable for the fine too.
B} Punishment for Voluntarily Causing Grievous Hurt by a Dangerous Weapon
If a person is being hurt by shooting, cutting, or stabbing, then it will be considered grievous hurt. Injury through explosive and poisonous material can be considered under Section 320 of the IPC. The person shall be punished with a maximum period of 10 years by fine or both.
C} Punishment for Causing Grievous Hurt by Using Acid
An acid attack is a heinous crime. In India, there are many cases of acid attacks. If a person has caused grievous injury by throwing acid, then he will be subject to a minimum of 10 years of imprisonment and then can be extended to life imprisonment depending upon the facts of the case. A fine will also be imposed, and that fine will be provided for the medical expenses.
D} Punishment for Voluntarily Causing Grievous Hurt to Extort Property
Any person who causes grievous hurt intending to extort property will be subject to a punishment which can be extended to ten years or a fine or both.
Conclusion
The offence of grievous hurt affects not only an individual physically but also mentally. There are many cases which just left us to realise how cruel the world is. This section is exhaustive in nature, and it mainly deals with Section 320 of the IPC.
The punishment in this section is not fixed. It mainly depends upon the fats of the case. Stabbing someone, deforming someone’s face, breaking bones, and throwing acid are the signs that make us feel that humanity is exhausting day by day.
