A causes hurt to B. Consequently B was unable to follow his ordinary pursuits for two weeks. Has A caused simple hurt defined under Section 319 or grievous hurt defined under Section 320 of I.P.C.? Give reasons.

Question: A causes hurt to B. Consequently B was unable to follow his ordinary pursuits for two weeks. Has A caused simple hurt defined under Section 319 or grievous hurt defined under Section 320 of I.P.C.? Give reasons. [UPHJS 2007, CGJ 2007, MPCJ, 2012]

Find the answer to the mains question only on Legal Bites. [A causes hurt to B. Consequently B was unable to follow his ordinary pursuits for two weeks. Has A caused simple hurt defined under Section 319 or grievous hurt defined under Section 320 of I.P.C.? Give reasons.]

Answer

Grievous Hurt under Section 320, IPC is given in the code on the basis of the gravity of the physical assault has classified hurt into simple and grievous so that the accused might be awarded punishment commensurate to his guilt.

The following kinds of hurt only are designated as “grievous”:

First: Emasculation.

Secondly: Permanent privation of the sight of either eye.

Thirdly: Permanent privation of the hearing of either ear.

Fourthly: Privation of any member or joint.

Fifthly: Destruction or permanent impairing of the powers of any member or joint.

Sixthly: Permanent disfiguration of the head or face.

Seventhly: Fracture or dislocation of a bone or tooth.

Eighthly: Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

Section 320 designates eight kinds of hurt as grievous and provides enhanced punishment in such cases. Thus, to make out the offence of causing grievous hurt, there must be some specific hurt, voluntarily inflicted, and should come within any of the eight kinds enumerated in this section. IPC intends that Clause 8, like any other clause, needs to be construed strictly.

Hence, the hurt caused to B will not cover under section 320 of Grievous hurt offence because the act did not lead to any of the abovementioned kinds of hurt and mainly the hurt disabled the B to follow his ordinary pursuits for two weeks which is less than 20 days as enshrined specifically in the section. So, the act of A will come under section 319 which deals with simple hurt of causing bodily pain, disease, or infirmity.

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