Medicolegal Update (Dr Sudhir Gupta, Additional Prof, Forensic Medicine & Toxicology, AIIMS)
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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