Friday 16 December 2011

Emedinews:Insights on Medicolegal issues:Law and Injury in medico legal cases


Injury, assault and hurt are terms invariable used by doctors in hospital practice, often as synonyms. But all these three words have different meaning in law. They have been defined by the Indian Penal Code as below.
·         Injury Section, 44 IPC defines injury- Any harm whatever illegally caused to any person in body, mind, reputation or property
·         Assault Section 351 IPC defines assault as an offer or threat or attempt to apply force on body of another in a hostile manner. It may be a common/simple assault or an intention to murder.
·         Hurt: Section 319 IPC defines hurt as Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

The cases of Hurt/body injury that we as doctors we deal with mean bodily pain, wound, disease or infirmity voluntarily caused to any person in medicolegal cases. This would include abrasions, contusions, lacerations, stab wounds, electric shock, fire arm or ligatures etc resulting in human body injury. The doctor who is certifying an injury report should keep in mind the Penal provision, which is required by police to book the case e.g. Simple Injury: Section 323 IPC, Simple injury caused by dangerous weapons: Section 324 IPC, Grievous Injury: Section 325 IPC, Grievous injury caused by dangerous weapons: Section 326 IPC, Dangerous Injury: Section 307 IPC, Injury likely to cause death: Section 304 IPC, Injury sufficient to cause death: Section 302 IPC and causing hurt by means of poison: Section 328 IPC

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