A beats B in such a manner that he permanently loses sight of his left eye but it does not affect his right eye. Is A guilty of the offence of voluntarily causing hurt’ punishable under Section 323 or…

Question: A beats B in such a manner that he permanently loses sight of his left eye but it does not affect his right eye. Is A guilty of the offence of voluntarily causing hurt’ punishable under Section 323 or ‘voluntarily causing grievous hurt’ punishable under Section 325, I.P.C.

Find the answer to the mains question only on Legal Bites. [A beats B in such a manner that he permanently loses sight of his left eye but it does not affect his right eye. Is A guilty of the offence of voluntarily causing hurt’ punishable under Section 323 or ‘voluntarily causing grievous hurt’ punishable under Section 325, I.P.C.]

Answer

Section 323 of IPC deals with the punishment for the offence of voluntarily causing hurt and section 325 deals with the punishment for the offence of voluntarily causing grievous hurt.

Section 322 states what amounts to voluntarily causing grievous hurt. Section 325 provides the punishment for the same.

Section 320 deals with kinds of hurt that would be designated as “grievous”. Its second clause provides one of the kinds of grievous is said to have caused when there is permanent privation of the sight of either eye.

Section 322 states Voluntarily causing grievous hurt.

Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said: “voluntarily to cause grievous hurt.

In the present case, A beats B in such a manner that B has permanently lost his left eyesight though right eyesight was not affected out of this beating by X. The fact that eyesight in the right eye was not affected is completely immaterial because B has permanently lost his eyesight of the left eye.

The test of gravity is the permanency of injury caused to one or both eyes. Hence, A shall be liable for punishment of voluntarily causing grievous hurt to B under Section 325, Indian Penal Code.

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