Distinction between simple and grievous hurt

Section 319, I.P.C. specifies hurt as “bodily pain, disease or infirmity” caused to one person by another. Section 320 specifies what constitutes grievous hurt.

The expression ‘simple hurt’ has nowhere been defined or explained. It follows that a hurt which does not come within the scope of grievous hurt (Section 320) is simple.

Now grievous hurt includes:

  • Permanent privation of the sight of either eye.
  • Permanent privation of the hearing of either ear.
  • Privation of any member or joint.
  • Destruction or permanent impairing of the powers of any member or joint.
  • Permanent disfigurement of the head or face.
  • Fracture of dislocation of a bone or tooth.
  • 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.

Any other hurt caused by a person to another which causes bodily pain, disease or infirmity is simple.

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By Hassham

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