Hurt And Grievous Hurt Difference: Meaning, Punishment & Important Case Laws

Hurt

Section 114 BNS/Section 319 IPC: “Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.”

Section 114 BNS deals with simple hurt. However, to differentiate ordinary hurt from grievous hurt, the expression “simple hurt” is often applied.

Essentials of Hurt

To constitute “hurt” under Section 114, it is necessary to cause any one of the following:

1. Bodily Pain
2. Disease
3. Infirmity

Bodily Pain

• Bodily Pain means pain must be physical and not mental or emotional.
• In Ranganayakamma v. State of Andhra Pradesh (1967), the Court held that even without a visible injury, causing bodily pain is enough to be considered hurt.
• Furthermore, no direct physical contact is required, for example – pulling away a chair just as a person is about to sit, thereby causing bodily pain.
• Duration of pain is immaterial. Even momentary pain is sufficient.

Disease

• Communication or infection of a disease can constitute “hurt.”
• Example: Intentionally spreading an infectious disease (e.g., venereal disease) to another person.

Infirmity

• It refers to temporary or permanent impairment of the functioning of the body or its organs. For example, administering drugs or alcohol that cause unconsciousness or loss of physical ability.
• In Jashanmal Jhamatmal v Brahmanand Sarupananda (1944), it was held that infirmity includes causing temporary mental impairment, hysteria or terror.

Voluntarily causing hurt - Section 115(1) BNS/Section 321 IPC

A person is said to “voluntarily cause hurt” when:

• They do an act with the intention of causing hurt, or
• They do an act with the knowledge that it is likely to cause hurt,
• And hurt is actually caused to a person as a result of that act.

(Voluntarily causing hurt requires intention/knowledge + actual hurt).

Punishment for voluntarily causing hurt - Section 115(2) BNS/Section 323 IPC

Whoever voluntarily causes hurt (except on grave and sudden provocation) shall be punished with:

• Imprisonment (simple or rigorous) up to 1 year, or with fine which may extend to ten thousand rupees, or with both.

Voluntarily causing hurt on grave and sudden provocation - Section 122 (1) BNS/Section 334 IPC

Whoever causes hurt voluntarily on grave and sudden provocation, without intending or knowing it to hurt anyone other than the provoker, is punishable with imprisonment up to 1 month, or fine up to ₹5,000, or both.

Also Read - What is the Difference Between Kidnapping and Abduction

Grievous Hurt - Section 116 BNS/Section 320 IPC

Not every hurt is “grievous.” Only specific serious injuries listed under law qualify as grievous hurt.

Kinds of Grievous Hurt

The following hurt are legally recognised as grievous:

1. Emasculation – It means depriving a man of his virility and thereby causing impotency. In other words it can be said to deprive a person of his masculine vigour, castration etc. This may be caused by causing injury to the scrotum, cutting male sexual organs, chemical castration, etc.
2. Permanent privation of sight of either eye - Permanent blindness in one or both eyes.
3. Permanent privation of hearing of either ear – Permanent deafness in one or both ears.
4. Privation of any member or joint - Removal or loss of use of any limb or joint.
5. Destruction or permanent impairing of the powers of any member or joint - Destruction or lasting damage of powers of any limb or joint.
6. Permanent disfiguration of the head or face – Lasting damage to appearance of head or face. For example, cutting off a man’s nose, ear or any injury resulting in some permanent mark on the face of a person.
7. Fracture or dislocation of a bone or tooth
8. Any hurt would amount to grievous hurt :

• endangers life, or
• Causes severe pain for 15 days, or
• Makes the victim unable to do ordinary work for 15 days. (In IPC it was 20 days)

Punishment for voluntarily causing grievous hurt - Section 117 (2) BNS/Section 325 IPC

Whoever, except on grave and sudden provocation, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Voluntarily causing grievous hurt on grave and sudden provocation - Section 122 (2) BNS/Section 335 IPC

Whoever causes hurt voluntarily on grave and sudden provocation, without intending or knowing it to hurt anyone other than the provoker, is punishable with imprisonment up to 5 years, or fine up to ₹10,000, or both.

Aggravated form of Hurt and Grievous Hurt

Apart from basic punishment for hurt and grievous hurt, the IPC/BNS also recognise certain aggravated forms where the circumstances make the offence more serious, leading to stricter punishment. These include cases where hurt or grievous hurt is caused by dangerous weapons, fire, poison, acid, or explosive substances; when committed against public servants while discharging duty; when caused to women, children, or vulnerable persons; or when done with intent to disfigure, disable, or endanger life. In such situations, the law treats the offence as more severe and prescribes higher terms of imprisonment and fine compared to ordinary hurt.

(Refer bare act for aggravated forms of Hurt and Grievous Hurt)

 

Judex Tutorials

Judex Tutorials is a premier Judiciary coaching institute dedicated to prepare law students for judicial services exams. Whether you prefer online judicial classes, offline sessions, or need access to recorded lectures, we offer flexible preparation options. If you like our blog as class notes, follow and subscribe to our social media platforms on Facebook, Instagram, YouTube, and Telegram Group as well.