The eighth clause of Indian Penal Code
320 defines grievous hurts as "Any hurt which endangers life or which
causes the sufferer to be during the space of twenty days in severe bodily
pain, or unable to follow his ordinary pursuits."
- Ordinary pursuits means the patient is unable to visit
the toilet, to bathe or brush his teeth, eat himself, walk or carry on
such daily pursuits and requires mandatory help of other person for 20
days
- The length of time during which an injured person is in
pain, disease or is not able to pursue his ordinary daily routine work
must be meticulously and satisfactorily observed by the doctor himself
before certifying the injury as a grievous injury.
- It is employed not only in cases where violence has
been used but also in cases where hurt has been caused without any
assault, e.g., by administration of drugs, setting of traps etc. The
extent of hurt and the intention of the offender are considered for giving
punishment.
- It is difficult for a doctor to prove that an injured
person was in severe bodily pain for 20 days but it is easier to prove
that he was unable to follow his ordinary profession/pursuits due to the
hurt.
- A mere stay of 20 days in the hospital doesn’t make
injury grievous. The certifying doctor must rule out and document the
feigned illness in medicolegal report.
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