A teacher slapped a 6th standard student after which she suffered from 25% hearing loss in left ear. This was corrected after a surgery. Is this a grievous injury or a simple injury?
Section 320 of Indian Penal Code defines grievous hurt and clause 3 mentions that the permanent privation of hearing of either ear is grievous injury. To be counted as grievous hurt the loss or privation of hearing may be partial and need not be complete but has to be permanent. Further the permanent does not mean that it should be incurable medically as well surgically. In this case 25% hearing loss was a direct consequence of slap injury and was cured by surgery but the cure may or may not be permanent. However the chances of cure by surgery do not minimize the gravity of injury for legal purpose. It is a grievous injury.
(Contributed by Dr Sudhir Gupta)
Section 320 of Indian Penal Code defines grievous hurt and clause 3 mentions that the permanent privation of hearing of either ear is grievous injury. To be counted as grievous hurt the loss or privation of hearing may be partial and need not be complete but has to be permanent. Further the permanent does not mean that it should be incurable medically as well surgically. In this case 25% hearing loss was a direct consequence of slap injury and was cured by surgery but the cure may or may not be permanent. However the chances of cure by surgery do not minimize the gravity of injury for legal purpose. It is a grievous injury.
(Contributed by Dr Sudhir Gupta)
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