Emedinews:Insights on Medicolegal Issue:What is any hurt which causes the victim to be in severe bodily pain or unable to follow his ordinary pursuits for a period of 20 days?

What is any hurt which causes the victim to be in severe bodily pain or unable to follow his ordinary pursuits for a period of 20 days?

A grievous injury

The 8th clause of Indian Penal Code 320 defines such hurts, which cause the victim to be in severe bodily pain for a period of 20 days as

• Any hurt which prevents the victim from following his ordinary pursuits for a period of 20 days
• Ordinary pursuits means the patient cannot be able to go toilet, to brush the mouth, bath cannot eat himself, cannot walk and to carry on such daily pursuits require 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 certifiying 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, the digging of pitfalls. The 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 an injury grievous unless the person was in severe bodily pain or unable to follow his ordinary pursuits for a period of 20 days. Certifying doctor must rule out and document the feigned illness in medicolegal report.