Official Text
“Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”
Legal Analysis
Elements to Prove:
- The accused caused bodily pain, disease, or infirmity.
- The harm was caused to another person.
- The harm was intentional or due to negligence.
- The harm was not trivial or temporary.
Potential Defenses:
- No bodily harm was caused.
- The harm was trivial or temporary.
- The accused was acting in self-defense.
- The accused was acting under legal authority.
Practical Examples
What Constitutes the Offense:
A person hitting someone causing pain, or administering drugs that cause disease.
What Doesn't Constitute:
A person accidentally bumping into someone, or causing temporary discomfort.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court clarified that hurt includes any form of bodily harm, pain, or infirmity.
Punishment
This is a definitional section. Punishment is provided in subsequent sections.
Related Information
Connected Sections:
This section defines hurt. It is followed by Section 320 (Grievous hurt) and Section 321 (Voluntarily causing hurt).
Procedural Aspects:
Prosecution requires proof of causation of bodily harm. The case is triable by any Magistrate.