Difference Between Hurt And Grievous Hurt

Understanding the difference between hurt and grievous hurt is crucial for comprehending the nuances of criminal law under the Indian Penal Code (IPC) and Bhartiya Nyaya Sanhita (BNS). While both offenses involve causing physical pain or injury, they differ significantly in terms of severity, nature, and legal consequences. Hurt refers to causing bodily pain, disease, or infirmity, whereas grievous hurt denotes a more serious form of injury that results in permanent damage or life-altering consequences. This article explores the definitions, elements, cases, and punishments associated with hurt and grievous hurt, providing a comprehensive understanding of these legal terms.

Meaning Of Hurt

Hurt simply means to cause pain to someone. It is defined under Section 319 of the Indian Penal Code (IPC) and Section 114 of Bhartiya Nyaya Sanhita (BNS) as when one person causes bodily pain, disease, or infirmity to another. So, there are the following three elements of hurt:

Bodily Pain

This term has not been defined in the IPC or BNS. It generally means physical pain or ache, not mental or emotional pain. The section does not prescribe how much pain is covered by hurt; its severity is immaterial. For example, pulling a girl's hair or using a knife to cut someone's skin both involve hurt.

Infirmity

Infirmity means being weak for a long time period. So, it is when someone's body is damaged in a way that they can't function. For example, excessive use of alcohol can cause infirmity.

Disease

Disease means to be sick or cause infectious diseases to spread to another person. For example, syphilis, which is a bacteria, can be sexually transmitted.

Cases On Hurt

State vs. Ramesh Dass (2015): The facts were that the accused pulled the victim woman by her hair and hit her on the head. He was held guilty of causing hurt under Section 323 of IPC.

Gurjit Singh vs. State of Punjab (2013): The accused attacked the victim using a stick. The court held him to be guilty of causing hurt.

Definition Of Grievous Hurt

Hurt is different from the offense of grievous hurt. Grievous hurt is an aggravated form of hurt that is serious in nature and calls for strict punishment. It is covered under Section 320 of IPC and Section 116 of BNS.

Types Of Grievous Hurt

There are eight types of grievous hurt, which are as follows:

Emasculation

This clause is about causing grievous hurt to men by depriving them of masculinity or virility. It can lead to causing impotence in males so that they can not reproduce in any way.

Permanent Injury To Eyesight

If permanent injury is caused to eyesight or either eye, it is also covered in grievous hurt. It must be permanent damage so that the aggrieved person cannot use his eyesight and is disfigured.

Permanent Deafness

Similarly, deafness in both ears is also a grievous injury. It should be permanent; if it is temporary, it isn't covered under this clause.

Privation Of A Joint

Permanent loss of a limb or joint is covered under this clause.

Impairing a Limb

When a limb or joint is damaged so that it can't be used and causes permanent crippling, it is grievously hurt under this clause.

Permanent Disfiguration Of Head Or Face

To disfigure means to ruin the look of something. For example, if a person's cheeks are branded with a hot iron or the nostril is cut to some extent, it is disfiguration under this clause.

Fracture Or Dislocation Of Tooth Or Bones

If a tooth or bone is fractured or dislocated, it is grievous hurt. Fracture doesn't mean only a small cut or crack; it should break in pieces.

Hurt that risks Life Or Causes the Victim Sever Pain For Twenty Days Or inability to Do Daily Work

Any hurt that risks someone's life or causes such severe pain that a person is unable to follow his daily pursuits for at least twenty days is grievous. The time period is specified and cannot be changed. In BNS, instead of twenty days, it is fifteen days.

Cases Of Grievous Hurt

Laxmi vs. Union Of India (2015): The victim filed a case as the accused had poured acid on her. It was a highly sensitive matter that led the courts to pass guidelines on the buying and selling of acid in all states. The accused was held guilty of causing grievous hurt by using acid.

Baldev Singh vs. State Of Punjab (2011): The accused hit the victim with a sharp weapon and caused injuries. The victim required stitches for it; the court held it to be grievous hurt.

Hurt And Grievous Hurt By Dangerous Weapons

Section 118 of BNS deals with this. It states that when someone is hurt or grievously hurt by dangerous weapons, the punishment for hurt is 3 years of imprisonment or a fine of Rs. 20,000 or both; for grievous hurt, the punishment is life imprisonment or imprisonment from 1 to 10 years and a fine. Dangerous weapons are instruments used for shooting, cutting, stabbing, poisoning, explosives, etc.

Hurt And Grievous Hurt To Extort Property

It is described under Section 119 of BNS. If hurt or grievous hurt is caused by taking over property or engaging in illegal acts causes injury or grievous injury, the punishment is 10 years for injury and life imprisonment for grievous injury..

Hurt And Grievous Hurt To Extort confession

Section 120 of BNS covers it. In this offense, hurt or grievous hurt is caused to compel a person to confess to something or to restore possession of a property. For example, if a police officer tortures A so that he confesses to an offense, it is an offense under this section. The punishment would be 7 years imprisonment for hurt and 10 years imprisonment for grievous hurt.

Hurt Using Poison

It is dealt with under Section 123. It states that when poison or drug is given to a person with intent to cause hurt, the punishment is 10 years imprisonment and a fine.

Grievous Hurt Using Acid

Section 124 of BNS provides that when permanent or partial damage is caused by using acid, it causes burns to a disfigured body, then it is grievously hurt by using acid. It was originally added by the 2013 Amendment after several causes of using acid on girls came up.

It imposes a punishment of 10 years imprisonment, which can extend to life imprisonment and a fine. If acid is thrown with intent to cause damage, the punishment is 5 years imprisonment, which may extend to 7 years imprisonment and a fine.

Hurt And Grievous Hurt To Deter Public Servants

Section 121 states that if hurt is caused to deter a public servant from performing his duty, it calls for a punishment of 5 years imprisonment, a fine, or both. If, for the same offense, grievous hurt is caused, the punishment would be 10 years imprisonment and a fine.

Hurt And Grievous Hurt By Endangering Life Or Personal Safety

It is covered under Section 125 of BNS. When an act is so negligent and rash that it puts the lives of others at risk, the punishment is three months' imprisonment or a fine of Rs.2500. If actual hurt is caused, it would be six months' imprisonment or Rs. 5000, and if grievous hurt is caused, it would be three years' imprisonment or a fine of Rs. 10,000.

Hurt And Grievous Hurt On Provocation

Section 122 of BNS provides that if hurt or grievously hurt by grave and sudden provocation, the punishment is reduced to one month’s imprisonment or a fine of Rs. 5000 or both. For grievous hurt, it's five years' imprisonment or a fine of Rs. 10,000 or both.

Difference Between Hurt And Grievous Hurt

Conclusion

In conclusion, understanding the difference between hurt and grievous hurt is essential for recognizing the severity of physical harm and its corresponding legal consequences. While hurt involves bodily pain, disease, or infirmity, grievous hurt refers to more serious injuries that cause permanent damage or endanger a person's life. The punishment for grievous hurt is more severe, reflecting the gravity of the offense. By distinguishing these two terms, individuals can better understand the legal implications and the level of punishment associated with each offense, ensuring a fair and just application of the law.

FAQs On Difference Between Hurt And Grievous Hurt

Here are some frequently asked questions (FAQs) related to the legal concepts of hurt and grievous hurt, addressing key aspects of these offenses and their legal implications.

Q1.What is the difference between hurt and grievous hurt?

Hurt refers to bodily pain, disease, or temporary weakness, whereas grievous hurt involves more serious damage, such as permanent disfigurement or loss of function. Grievous hurt is punished more severely.

Q2.What is the punishment for causing hurt under IPC?

Under Section 323 of the IPC, causing hurt can result in imprisonment for up to one year, a fine of up to Rs. 1,000, or both.

Q3.What are the different types of grievous hurt?

Grievous hurt includes severe injuries like permanent damage to eyesight, deafness, emasculation, loss of a limb, permanent disfigurement, and injuries causing a risk to life.

Q4.Can hurt be caused using a dangerous weapon?

Yes, hurt caused by dangerous weapons like knives, guns, or explosives is subject to harsher punishments, including imprisonment for up to three years or fines, as per the relevant provisions of BNS.

Q5.What are the penalties for grievous hurt caused by acid?

Under Section 124 of BNS, grievous hurt caused by acid can result in a punishment of 10 years of imprisonment, which can extend to life imprisonment, along with a fine.

Ref:
https://blog.ipleaders.in/hurt-and-grievous-hurt-everything-you-need-to-know-about-it/

https://www.freelaw.in/legalarticles/Hurt-and-Grievous-Hurt-Key-Differences

https://subhashahlawat.com/blog/hurt-and-grievous-hurt

https://www.legalserviceindia.com/legal/article-15680-hurt-and-grievous-hurt-a-comparative-analysis.html#google_vignette

https://legalupanishad.com/difference-between-hurt-and-grievous-hurt/#google_vignette