Author: Sorna S G, III year of B.A.,LL.B.(Hons.) from CMR University School of Legal Studies, Bangalore, Karnataka
Hurt and voluntarily causing hurt
Abstract
The hurt and grievous hurt under Indian penal code. The difference between hurt and grievous hurt. The punishments for the hurt and grievous hurt under IPC. The illegal act like causing hurt with intention there is punishment for those acts under IPC. The punishment for illegal activities which can be determined according to the facts and the circumstances in each case.
Keywords - hurt, grievous hurt, IPC, punishment, illegal act.
Hurt under IPC
When one person causes hurt to another person for any reason. Voluntarily causing hurt is the person having intention to hurt with knowledge. The one individual person intentionally causing hurt to another person with his knowledge.
Grievous hurt under IPC
There are several methods of causing grievous hurt. When causing the body parts, like damaging the bone, tooth, joints, limbs, ears, eyes, and other remaining parts of the human body. The causing person has some intention to cause hurt and grievous hurt to the other person. The hurt and grievous hurt which means causing bodily pain.
Illustrations
'A' is intentionally causing hurt to 'B'. 'A' has caused hurt to 'B' 's ears. This act is intentionally done by his knowledge.
Hurt causing by instruments like weapons
The person is causing hurt by using certain weapons. The weapons are knives, by shooting, fire substance, poison, and heat substance. Chemical substances like acid and other corrosive substances. All these weapons were used by the accused. They have a certain intention to cause grievous hurt to some other person. In a few cases, using these weapons leads to death.
Punishments for hurt and grievous hurt under IPC
Punishment for hurt under IPC
Section 323 the punishment for voluntarily causing hurt is one year imprisonment and Rs.1000 has to be paid as fine and with the both. Section 324 is when voluntarily causing hurt by using certain weapons like acid substance, fire substance. The punishment is three years imprisonment and a fine has to be paid. Section 327 is voluntarily causing hurt when extorting the property is an illegal act. The punishment is a fine and ten years imprisonment. Section 330, voluntarily causing the hurt to extort confession of the property. The punishment for this illegal act is seven years imprisonment and fine.
Punishment for grievous hurt under IPC
Section 325, punishment for voluntarily causing grievous hurt is seven years imprisonment and fine has to be paid. Section 326, the grievous hurt is caused by having weapons and means. The punishment for this illegal act is ten years imprisonment and fine to be paid. Section 329 is voluntarily causing grievous hurt when extorting the property is an illegal act. The punishment is ten years imprisonment and fine. Section 331 is voluntarily causing the grievous hurt to extort confession of the property. The punishment for this illegal act is ten years imprisonment and fine paid.
Case laws related to grievous hurt
Ravinder Singh vs State Of Haryana
In this case, the wife has refused to give the divorce to her husband. The reason for this is the husband had been involved in extramarital affairs. As a result of this act, when his wife refused to give divorce, he threw acid on his wife. That caused the bodily pain and hurt. It burned on her face and other parts of her body later, she died.
Provisions applied in this case (Ravinder Singh vs State Of Haryana)
The provisions are section 302, 326, 326 A, 326 B of Indian Penal Code. Section 302 of IPC is punishment for murder. Section 326 of IPC is when voluntarily causing grievous hurt by using weapons. Section 326 A Of IPC is when someone is voluntarily causing grievous hurt by using the acid or chemical substance. Section 326 B of IPC is causing injuries by throwing acid.
Held
As a result, the husband was charged under section 302 of IPC. The accused was punishment for murder under section 302 of IPC. Life imprisonment has not been imposed even though the victim died.
Conclusion
The punishment can be applicable when someone causes hurt to another person like physical contact between them. The injuries are like causing bodily pain. The main ingredient is that the person should have intention and knowledge to cause injuries to other persons. The punishment which is based on the facts and circumstances of each case.
Reference
1. The Indian penal code, (45 of 1860)
2. B.M. Gandhi's Indian Penal Code (IPC)
3. C.K. Takwani, Indian Penal Code (IPC)
4. Ravinder Singh vs State Of Haryana, 1975 AIR 856, 1975 SCR (3) 453