What is hurt, grievous hurt, and its aggravated forms under criminal law?

Introduction 

The distinction between "Hurt" and "Grievous Hurt" is fundamental to understanding Indian criminal law. While both terms refer to physical injuries, they indicate different levels of harm and differ greatly in terms of their legal definitions, required mens rea, penalties, and kinds of injuries. Criminal law establishes various penalties according to the degree of the offense in order to guarantee the preservation of justice.

The definitions of hurt and serious hurt are provided under Sections 319 and 320 of the Indian Penal Code (IPC). The Ministry of Home Affairs introduced three new criminal statutes aimed at modernizing the legal framework. Among these, the Bharatiya Nyaya Sanhita, 2024, is set to replace the IPC, 1860. Under this new code, "Hurt" and "Grievous Hurt" are now defined in Sections 114 and 116, respectively.

Hurt 

Hurt that is experienced by the body as a result of actual physical contact caused by an aggressive attack is referred to as hurt. Harm and assault don't really differ from one another. According to Section 319 of the Indian Penal Code, 1860 (now Section 114 of the BNS) an individual is considered to have caused harm if they are the cause of another person's bodily suffering, condition, or sickness. The offence of causing harm is not described in this section. It best characterizes the duration of the injury and does not explain the circumstances that may cause it. To constitute hurt, essentials are:

• Bodily Pain: "Physical pain" denotes that the pain cannot be mental; it must only be physical. The provision only considers causing physical harm to another person. A female would get harmed if you pulled her hair.
• Infirmity: Illness would be defined as a temporary intellectual impairment, hysteria, or dread. Infirmity, on the other hand, refers to a poor mental state. It is the inability of an organ, either totally or temporarily, to perform its normal function. It can be given by drinking alcohol that has been given to you by someone else or by administering a harmful or dangerous chemical.
• Disease: Hurt is defined as the transmission of an illness or disease from one person to another via touch. Regarding the spread of sexually transmitted illnesses from one person to another, however, this notion is not entirely obvious. For example, a prostitute found guilty under Section 269 of the IPC of transmitting an infection[1] rather than causing harm because the time between the act and the illness was too short to fall under the purview of Section 319 of the IPC. The prostitute had sex with the person and thus contracted syphilis.
• Intention or Knowledge: One crucial component of hurting someone is knowing or having the intention to do so. Any physical discomfort brought on by managing capsules may be covered under "harm." Even if there isn't always a deliberate attempt to cause death or great harm, the accused may still be found guilty of causing the greatest amount of hurt even when death results.

Voluntary causing Hurt 

According to Section 321 of the IPC (now Section 115(1) of BNS) someone who intentionally causes harm to another person or who knows that they are likely to cause harm to someone else and therefore causes harm to someone else is said to be acting under "voluntarily to cause hurt." The definition of a specific offence depends not only on the nature of the conduct committed (actus reus), but also on the purpose or level of expertise (mens rea) that led to it. Take an example, performing a behavior against someone with the intention or knowledge of hurting them or causing them grievous hurt.

Grievous Hurt 

The offence of Grievous hurt which has been defined under Section 320 of the IPC, 1860 has now been replaced by Section 116 of BNS 2024. In the case of Government of Bombay v. Abdul Wahab[2], the court recognized that there is a narrow line between grave injury and culpable homicide that does not constitute murder. In one instance, the injuries must be fatal, whereas in another, they endanger lives.

Only the following types of hurt are to be classified as "grievous":

• Emasculation: Depriving someone of their virility is the first kind of serious injury. This rule, which is exclusive to men, was added to stop women in India from routinely squeezing men's testicles at the least provocation. A person may have emasculation if their scrotum is damaged to the point where it renders them impotent. The impotence it causes should no longer only be transient and treatable; rather, it should be lifelong.
• Permanent harm to eyes or vision: The permanent loss of vision in one or both eyes is another injury with a similar degree of severity. Such damage must result in the injured party losing the ability to use one or both of his eyes permanently.
• Permanent deafness: Permanent loss of hearing is not as terrible as the injury described above because it just prevents a person from utilizing one ear or both, not disfigures them. However, depriving someone of their ability to listen might do great harm. This provision only applies to permanent deafness. Such injury may be caused by a blow to the head, ear, or any part of the head that speaks with and injures the auditory nerves, or it may be caused by sticking a stick or putting something in the ear that causes deafness.
• Loss of limb: Permanent loss of any part or joint is another terrible injury that makes a person considerably less able to defend themselves or torment their opponent. A joint is defined as a structure made up of two or more bones or muscles. Their long-term deprivation must cause them to become so damaged that they are unable to carry out the daily tasks associated with the human body structure.
• Limb Impairment: A person who is denied the use of a joint may have lifelong disabilities, which renders them helpless and depressed. Any reduction in their usefulness that is permanent would be considered severe harm.
• Permanent deformity of the face or skull: "Disfigure" refers to inflicting on an individual a few external wounds that take away from his personal appearance without weakening him. A woman's cut in the bridge of her nose from a sharp object has historically been considered permanent disfigurement, even when the inner wall remains intact. In the case of Ganga Ram v. State of Rajasthan[3], the injury was serious since the act constituted permanent disfigurement under the terms of this article, notwithstanding the fact that the inner wall of the nostrils had grown back to its normal state after the woman's nose was cut by a sharp item.
• Tooth or bone fracture or dislocation: It is distinct from all other forms of severe injury, which may or may not result in permanent impairment. Although a fractured or dislocated bone can be repaired, the damage is classified as severe due to the severe pain it causes. The primary meaning of the word "fracture" is "breaking." When a bone is dislocated, it means it has been dislodged from its usual relationship with a nearby bone. A disjunct bone is one that has been pushed out of its joint or out of its connection.
• Any injury that puts the victim's life in danger, renders them extremely uncomfortable for twenty days, or prevents them from engaging in their regular activities: Dangerous injury: Dangerous hurt is classified into three different classifications. Since these classes are independent of one another, harm to any one of the three would be extremely painful. When an injury has the potential to risk the victim's life, it is considered a life-threatening occurrence. Basic injuries cannot be classified as offensive or severe because they do not affect a vital organ unless the type and extent of the damage, or its components, are such that the victim's life is actually in danger as determined by a specialist's assessment. The boundary that separates "injury as is probably going to endanger life" from "hurt which endangers life" is incredibly thin. The Lahore High Court held the accused in Mohammad Rafi v. Emperor[4], wherein the accused inflicted harm on the victim's neck, to be at risk under Section 322 (intentionally causing grievous hurt)[5] for causing death by grievous hurt rather than guilty of culpable homicide not amounting to murder. Compared to the articulation "risky or dangerous to life," the articulation "endangers life" is far more grounded. Based on the fact that the harm causes the victim to get weaker for a minimum of twenty days, the Indian Penal Code classifies some injuries as severe, even though they are probably not life-threatening or hazardous. A wound may not be life-threatening, yet it may produce excruciating, significant, and severe physical agony. Such wound is quite painful. In any event, it needs to be demonstrated that the injury was severe enough to result in excruciating physical suffering for twenty days.

Voluntary causing Grievous Hurt

The IPC's Section 322 IPC (now Section 117(1) BNS) defines "deliberately causing grievous hurt" as “Anybody who intentionally causes harm is said to have "willfully to cause grievous hurt," provided that the harm is something they intend to produce or recognize they are normally prone to cause. A person isn't considered to have intentionally caused great harm until they have both caused great harm and know that they would likely do great harm in the future. That being stated, he is accused of purposely causing offence, if by suggesting or comprehending that he will almost certainly cause severe harm of one kind, he actually causes severe harm of a different kind. To be clear, the explanation is unquestionable and obvious. In order for this provision to apply, the accused must demonstrate to the court that he knew that serious harm would likely be done and that the harm was indeed done.

Aggravated form of Hurt or Grievous Hurt 

1. By a dangerous weapon

Section 326 OF IPC (now Section 118 of the BNS) deals with causing hurt or grievous hurt by a dangerous weapon. It essentially describes a bothersome kind of unlucky injury. This offence requires that the implements of firing (guns), injuring, or cutting (blades) to cause the heinous harm. It can also come from other weapons that are most likely going to kill someone. In fact, this clause also applies to explosives, damages, destructive materials, and flames that cause severe injury. Under these circumstances, the likelihood of offensive wounds increases, and thus does the discipline. A person found guilty under Section 326 may receive a sentence of life imprisonment or a maximum of ten years in prison. 

2. On Provocation

• Willfully inflicting hurt upon being provoked (Sec. 334 IPC): In the unlikely event that the person intentionally hurts someone other than the one who provoked them, they may be punished with detention of any kind for up to one month, a fine of up to 500 rupees, or both. It also applies to intentional harm caused by grave and sudden provocation.
• Intentionally causing grievous hurt on incitement (Sec. 335 IPC): The punishment for anyone who deliberately causes great harm due to serious and unexpected provocation or incitement is detention for up to four years, a fine of up to 2,000 rupees, or both. In the unlikely event that the offender does not anticipate or realize that he will likely cause unbearable harm to anyone other than the one who provoked or gave the incitement.

Overall, Sections 334[6] IPC and 335[7] IPC should apply when it is necessary to establish that there was incitement, and that such incitement was severe and abrupt. If the incitement is only unexpected and not serious, the offence will not be punishable under either of these Sections. Thus, if the incitement is just grave and not unexpected, the demonstration will not constitute an offence under these rules. It is bailable, compoundable, and triable before a Magistrate. Now the new law BNS 2024 has replaced this provision with Section 122. 

3. By use of Acid

According to Section 326 A of the Indian Penal Code, Whoever makes changeless or halfway harm or distortion, or consumes or mutilates or distorts or cripples, any part or parts of the body of an individual, or causes grievous hurt by tossing corrosive on or by regulating corrosive to that individual, or by utilizing some other methods with the expectation of causing or with the information that he is probably going to cause such hurt, will be punished with detainment/imprisonment.

According to Section 326 B of the Indian Penal Code, Whoever tosses or endeavors to toss corrosive on any individual or endeavors to control corrosive to any individual, or endeavors to use some other methods, with the aim of causing lasting or fractional harm or deformation or distortion or inability or grievous hurt to that individual, will be rebuffed with detainment of either Five years, but this could extend to seven years and will also result in a fine.

Now Section 124 of the BNS, 2024 replaced the abovementioned provision of The Indian Penal Code, 1860. 

4. Caused to Extort property

Under Section 330 of IPC (now Section 119 and Section 120 of the BNS), the guilty party causes harm by coercing an admission or facts identifying with an offence or bad behavior. This primarily pertains to cops or police personnel who mistreat accused people in order to force them to confess. This injury can also occur to force the unhappy victim to reestablish some property or important security. For example, an income official may harass a man in order to persuade him to make back payments on his land income. Section 330[8] punishment includes up to 7 years in detention or jail, as well as a fine. Section 331[9] is similar to Section 330, however it defines grievous hurt rather than just basic hurt and the punishment can extend to detention for a longer period of time than 7 years. 

5. By poison

Section 328 of IPC (now Section 123 of BNS) discipline includes imprisonment for up to ten years, as well as fines. Whoever directs to or causes to be taken by any individual any toxic substance or any stunning, or unwholesome medication like poison, or other thing with the plan to hurt such individual, or with the aim of submitting or encouraging the commission of an offence, or knowing that it will generally be likely that he will in this manner cause hurt, will be rebuffed with detainment for a term that may stretch out to ten years, and will also be at risk to fine. The purpose of Section 328 IPC[10] is obviously to punish persons who abuse others by rendering them unconscious through the use of shocking drugs, which stimulates the committing of wrongdoing while also effectively counteracting its detection. 

6. To deter Public Servant

• Deliberately causing harm to prevent public servants from their obligations (Sec. 332 IPC): Whoever willfully hurts any individual being a community worker/public servant in the release of his obligation all things considered local official, or with the aim to forestall or hinder that individual or some other local official from releasing his obligation in that capacity local official, or as a result of anything done or endeavored to be finished by that individual in the legitimate release of his obligation accordingly local official, will be rebuffed with detention.
• Deliberately causing grave pain to discourage public servants from their obligations (Sec. 333 IPC): Whoever intentionally causes grievous hurt to any individual being a local official in the release of his obligation all things considered community worker, or with the goal of avoiding or deflecting that individual or some other local official from releasing his obligation all things considered local official, or as a result of anything done or attempted to be finished by that individual in the legitimate release of his obligation all things considered local official, will be rebuffed with imprisonment upto 10 years and also fine.

Sections 332 IPC[11] and 333 IPC[12] apply only if the local official was acting to release his obligation as a community worker, or if it can be proven that the blamed expected the public servant to avoid or discontinue releasing his obligation. The phrase 'in the release of his obligation all things considered local official' refers to the release of a legal obligation imposed on such a community worker in the specific case, and does not include a demonstration done by him in accordance with some basic honesty under the guise of his office. The requirement does not have to involve performing a specific demonstration. Section 353 of the The Indian Penal Code[13] also addresses criminal attacks against community workers in order to discourage them from fulfilling their obligations. People other than community workers who may accompany them for assistance and guidance are not eligible to guarantee unique security under Sections 332 and 333.These both provisions of IPC are cognizable, non-bailable, non-compundable and triable by a magistrate (section 332) and by a Court of Sessions (section 333). Now The Bharatiya Nyaya Sanhita replaces this provision under Section 121. 

7. By endangering life of Personal safety of others

• Act that puts other people's lives at risk (Sec. 336 IPC): Whoever does any demonstration so impulsively or carelessly as to imperil human life or the individual security of others, will be rebuffed with the detainment of either portrayal for a term which may stretch out to a quarter of a year, or with fine which may reach out to two hundred and fifty rupees or with both.
• Causing hurt through an act that endangers the life or personal well-being of others (Sec. 337 IPC): Whoever hurts any individual by doing any demonstration so impulsively or carelessly as to imperil human life, or the individual wellbeing of others, will be rebuffed with detainment of either depiction for a term which may stretch out to a half year, or with fine which may reach out to 500 rupees, or with both.
• Causing grievous damage by act risking the life or individual wellbeing of others (Sec. 338): Whoever makes shocking hurt any individual by doing any demonstration so imprudently or carelessly as to jeopardize human life, or the individual wellbeing of others, will be rebuffed with detainment of either depiction for a term which may reach out to two years, or with fine which may stretch out to one thousand rupees, or with both.

The offence under Section 336 IPC[14] is non compoundable, although Sections 337 IPC[15] and 338 IPC[16] are. The BNS 2024 defines the same under Section 125.

Conclusion 

As previously stated, the definition of 'hurt' includes mischief, damaging, anguish, irritation, throbbing, discomfort, hurting, stinging, throbbing, and pains. In every single criminal court, the majority of cases include "deliberately causing harm." Hurt and Grievous Hurt differ in the severity of the injuries inflicted. Hurt refers to small injuries, such as a cut or bruise, but Grievous Hurt refers to more serious injuries, such as bone fractures, deep wounds, or injuries that result in disfigurement or lifelong impairment.

In India, both hurt and grievous hurt are penalized by law. The severity of the punishment will be determined by the precise circumstances and magnitude of the injury caused. Medicinal story confirmations, such as medico-legal reports on damages prepared by restorative specialists, are important for courts in making legal decisions. The type of wounds and weapons, legal types of damages, and their ages must be explicitly stated in the damage reports. Medicolegal preparation and interactions strengthen the abilities of restorative master observers. Criminal law should be sensitive to such conditions and provide solutions to cease criminal proceedings for specific types of offences. That is the justification for worsening offences. Unexpectedly, the aggravating plan relieves the courts of the burden of aggregating cases.

[1] The Indian Penal Code, 1860, s. 269.

[2] AIR 1946 Bom. 38.

[3] 1984 Cr LJ (NOC) 180 (Raj).

[4] AIR 1943 ALL 369.

[5] The Indian Penal Code, 1860, s. 322.

[6] Id. at s. 334.

[7] Id. at s. 335.

[8] Id. at s. 330.

[9] Id. at s. 331.

[10] Id. at s. 328.

[11] Id. at s. 332.

[12] Id. at s. 333.

[13] Id. at s. 353.

[14] Id. at s. 336.

[15] Id. at s. 337.

[16] Id. at s. 338.