Saturday, 19 May 2012

Emedinews:Insight on Medicolegal Issues:Grievous Hurt as per IPC (Contd. from yesterday)


Grievous Hurt as per IPC (Contd. from yesterday)
As per Section 320 Indian Penal Code (IPC), the following kinds of hurt are designated as "grievous";
  • Permanent disfiguration of the head or face: The word ‘disfigure’ means to cause some external injuries which detracts from his personal appearance but does not weaken him.
  • Fracture or dislocation of a bone or tooth: It is not necessary that a bone should be cut through and through, the cut should be up to the medulla. If there is a break by cutting or splintering of the bone or there is a rupture or fissure in it, it would amount to a fracture but the doctor must document the dimension of fracture and duration/age correlation with age of injury. Dislocation means displacement. Mere looseness of teeth will not amount to dislocation. It has to be proven that the tooth was originally not loose and that there was fracture or dislocation by the injury.
  • Any hurt which endangers life or which causes the victim to be in severe bodily pain or unable to follow his ordinary pursuits for a period of 20 days: A wound may cause intense pain, prolonged disease or long lasting body injury but does not fall under any of the seven clauses. A body injury/beating may not mutilate the sufferer or fracture his bones but may be so harsh and painful may cause even death. The eighth clause provides for such hurts. Under this, three different clauses of hurt are included. These are:
  • Any hurt which endangers life
  • Any hurt which causes the victim to be in severe bodily pain for a period of 20 days
  • Any hurt which prevents the victim from following his ordinary pursuits for a period of 20 days

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