Medicolegal cases & injury, assault
and hurt in Indian law
The words injury, assault and hurt are
invariably used by doctor in hospital practice and are used as synonymous. But
all three have a different meaning as per law. It is defined by the Indian
Penal Code as below:
- Injury: Section 44 of IPC defines injury as any harm
whatever illegally caused to any person in body, mind, reputation or
property.
- Assault: Section 351 of IPC defines assault as an offer
or threat or attempt to apply force on body of another in a hostile
manner. It may be a common/simple assault or an intention to murder.
- Hurt: Section 319 of IPC defines hurt as whoever causes
bodily pain, disease or infirmity to any person is said to cause hurt.
When we as doctors deal with cases of
Hurt/body injury, it means bodily pain, wound, disease or infirmity voluntarily
caused to any person in medicolegal cases. These would include abrasions,
contusions, lacerations, stab wounds, electric shock, firearm or ligatures etc
resulting in human body injury. The doctor who is certifying an injury report
should keep in mind the Penal provisions required by police to book the case
i.e.
- Simple injury: IPC Section 323
- Simple injury caused by dangerous weapons: IPC Section
324
- Grievous injury: IPC Section 325
- Grievous injury caused by dangerous weapons: IPC
Section 326
- Dangerous injury: IPC Section 307
- Injury likely to cause death: IPC Section 304
- Injury sufficient to cause death: IPC Section 302
- Causing hurt by means of poison: IPC Section 328
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