Sec. In O’brien Case (1880) AER 786),

Sec. 320. Grievous Hurt:

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

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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 or twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

Important Points:

A. Section 319 defines Simple Hurt:

Section 320 defines Grievous Hurt. There are 8 kinds of hurts designated as grievous hurts. It is very difficult to draw a line between those bodily hurts which are serious and those which are slight.

To draw such a line with perfect accuracy is indeed absolutely impossible. The framers of the Code left the duty and discretion on the Court to give a finding on its own whether the hurt was simple or grievous depending upon the facts of each case.

B. The accused threw his wife from a window about six feet height. Due to the fall on the earth, the knee-pan of wife was fractured. The Court punished the husband for causing Grievous Hurt. (Jiva case 1891).

C. In O’brien Case (1880) AER 786), the victim was already suffering with disease with urinal and kidney problems. While the victim was laid down on cot, the accused kicked him. As a result, spleen was injured and the victim died. The accused was punished for voluntarily causing Grievous Hurt.

D. In E.K. Chandra Senan vs. State of Kerala (AIR 1995 SC 1066) case, the accused supplied arrack. He mixed Mithyle Alcohol in arrack. The victims, who drank the arrack, lost eye sight The Court held that it was a clear Grievous Hurt and imposed maximum sentence on-the accused.

E. Voluntarily Causing Hurt:

Section 321 says that whoever does any act with the intention of their by causing hurt to any person or with the knowledge that he is likely thereby to cause hurt to any person, and does their by cause hurt to any person, is said “voluntarily caused hurt”

F. Voluntarily causing Grievous Hurt:

Section 322 says that 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.

Illustration:

A, intending or knowing himself to be likely permanently to disfigure Z’s face gives 2 a blow which does not permanently disfigure Z’s face, but which cause Z to suffer severe bodily pain for the space of 20 days. A has voluntarily caused Grievous Hurt.

G. Punishment for voluntarily Causing Hurt: Section 323 says that whoever, except in the case provided for by Section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

H. Punishment for voluntarily causing Grievous Hurt:

Section 325 says that whoever, except in the case provided for by Section 335, voluntarily causes Grievous Hurt, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

I. Punishments:

Sections from 323 to 338 explain the provisions of punishments against the causing of Grievous Hurt depending upon the circumstances. Section 324 imposes punishment imprisonment of either description for a term which may extend to three years, or with fine or with both for “voluntarily causing hurt by dangerous weapons or means”.

Section 326 imposes punishment of imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine for “voluntarily causing grievous hurt by dangerous weapons or means”.

Section 327 imposes punishment with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine for “voluntarily causing hurt to extort property or to constrain to an illegal act”. Sec. 328 imposes punishment upto ten years also fine for “causing hurt by means of poison, etc. with intent to commit an offence”.

J. Matadin vs. State of Maharashtra (1998) (7) SCC 216)

Brief Facts:

The prosecution was that the Appellant and three others attacked one Ashok. Matadin gave a blow with “gupti” on the back of the deceased. Accused-2 stabbed with knife. The stab wound measured 2 cm deep and 1 1/2 cm wide. The victim was admitted in the hospital.

After ten days, he died. The trial Court convicted the appellants under Sec. 302 r/w 34 and acquitted two others. On appeal, the Supreme Court changed the sentence from 302 r/w 34 to Sec, 324 r/w 110, and also imposed penalty Rs. 50,000/- against appellant-1 which amount shall be payable to the heirs of the deceased.