Monday 22 October 2012

Emedinews:Insights on Medicolegal Issues:Medicolegal cases & injury, assault and hurt in Indian law

The words injury, assault and hurt are invariably used by doctor in hospital practice and are used as synonymous. But all three have a different meaning as per law. It is defined by the Indian Penal Code as below: • Injury: Section 44 of IPC defines injury as any harm whatever illegally caused to any person in body, mind, reputation or property. • Assault: Section 351 of 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 of IPC defines hurt as whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. When we as doctors deal with cases of Hurt/body injury, it means bodily pain, wound, disease or infirmity voluntarily caused to any person in medicolegal cases. These would include abrasions, contusions, lacerations, stab wounds, electric shock, firearm or ligatures etc resulting in human body injury. The doctor who is certifying an injury report should keep in mind the Penal provisions required by police to book the case i.e. • Simple injury: IPC Section 323 • Simple injury caused by dangerous weapons: IPC Section 324 • Grievous injury: IPC Section 325 • Grievous injury caused by dangerous weapons: IPC Section 326 • Dangerous injury: IPC Section 307 • Injury likely to cause death: IPC Section 304 • Injury sufficient to cause death: IPC Section 302 • Causing hurt by means of poison: IPC Section 328

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