Grievous Hurt - Section 320 IPC / Section 116 BNS (2023)

Definition

The Eight Categories of Grievous Hurt (S. 320 IPC / S. 116 BNS)

1. Emasculation

• Direct trauma to the genitalia leading to amputation
• Trauma to the lumbosacral region causing indirect loss of masculine power
• Note: If even one testis is intact along with the male organ, it cannot be called emasculation

2. Permanent Privation of Sight of Either Eye

• Permanent loss or impairment of vision in either eye
• Examples: corneal scarring, retinal detachment
• Must be permanent

3. Permanent Privation of Hearing of Either Ear

• Loss or impairment of hearing of either ear
• Rupture of the tympanic membrane due to a blow to the head qualifies, even with only partial hearing loss
• Must be permanent

4. Privation of Any Member or Joint

• Loss of function or anatomical separation of any body part
• "Member" means any organ or tissue capable of performing a distinct function in the body

5. Destruction or Permanent Impairing of Power of Any Member or Joint

• Damage to any organ or part causing permanent loss of its function
• The damage must be permanent (possibility of surgical correction does not negate this classification)

6. Permanent Disfiguration of Head or Face

• Depends on the nature and impact of the injury on the person involved
• Context-sensitive: even a small scar on a young girl's face may be grievous, while a large scar on an old man may not be
• Must be permanent

7. Fracture or Dislocation of a Bone or Tooth

• Even dislocation of a tooth by a blow qualifies
• All fractures qualify - including hairline fractures and fractures of only the outer table of the skull
• This is the most commonly encountered category in clinical practice

8. Any Hurt Which Endangers Life, Causes Severe Bodily Pain, or Incapacitates for 20 Days

Under BNS Section 116 clause 8, the period for sub-clause (c) is stated as 15 days in some formulations (vs. 20 days in IPC).

Key Medico-Legal Points

• The doctor's role is to describe facts only - it is the Court that decides whether an injury is simple or grievous. The classification in the wound certificate only guides the investigating officer.
• Surgical correction is irrelevant - the possibility of correcting an injury through surgery should not be a factor when assessing grievous hurt.
• Administration of a drug to cause unconsciousness is not grievous hurt, even if it could cause death in large doses, unless life is actually endangered.
• The line between culpable homicide (not amounting to murder) and grievous hurt is thin: in the former, injuries must be likely to cause death; in the latter, they must endanger life.

Relevant Sections and Punishments

Illustrative Case Examples (from Textbooks)

1. A woman confined to hospital for 17 days with her life in danger for 3 days - held to be grievous
2. Thrusting of a lathi into the anus - held to be grievous hurt endangering life
3. Stabbing of the left forearm injuring the radial artery causing death from hemorrhage - held to be grievous hurt (neither murder nor culpable homicide), as there was no intention to cause death
4. Stabbing in the abdomen exposing intestines - guilty of voluntarily causing grievous hurt with a deadly weapon