IPC Section 320 - Grievous Hurt

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.

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Depends on the specific offense charged

Official Text

“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.”

Legal Analysis

Elements to Prove:

  • The accused caused hurt as defined in Section 319.
  • The hurt falls within one of the eight categories specified.
  • The harm was serious and lasting.
  • The harm was not trivial or temporary.

Potential Defenses:

  • No hurt was caused.
  • The hurt was not grievous.
  • The accused was acting in self-defense.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person causing permanent blindness, breaking bones, or causing severe disfigurement.

What Doesn't Constitute:

A person causing minor cuts or bruises, or temporary pain.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized that grievous hurt involves serious and lasting harm to the body.

Punishment

This is a definitional section. Punishment is provided in subsequent sections.

Related Information

Connected Sections:

This section defines grievous hurt. It is followed by Section 322 (Voluntarily causing grievous hurt) and Section 325 (Punishment for grievous hurt).

Procedural Aspects:

Prosecution requires proof of serious and lasting harm. The case is triable by a Court of Session.

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