A has knocked down two teeth of B. What offence, if any, has been committed by A?

Question: A has knocked down two teeth of B. What offence, if any, has been committed by A?

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Answer

According to Section 320 of the Indian Penal Code,1860 – 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.

The seventh clause of Section 320 clearly mentions that when one fractures or dislocates a bone or tooth of the victim, he is liable for grievous hurt under the section. According to this clause, there may or may not be any kind of permanent disability

There is no definition of the word fracture in the code. The injury is said to be grievous because of the suffering or disability it causes. So, it may vary from case to case. Any injury should be grave enough to attract this clause. The fracture should extend to the inner surface.

In Makkasawmy’s case [1965 CriLJ 48] it was held that an act that causes just abrasion or cut and does not break bone cannot be said to be fracture and does not attract this clause. Similar findings were made in the case of Horilal v. State of UP [1970 AIR 1969].

Thus, it basically depends on the gravity of injury caused that whether it can be classified as grievous hurt or not. In the present case at hand, A knocked down two teeth of B. Hence, in the present case, A has committed the offense causing grievous hurt to B.

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