Emedinews:Insights on Medicolegal Issues:What is a Grievous Hurt/injury?

It is very difficult for doctor to draw a line between those bodily hurts which are serious and those which are slight. To make out the offence of voluntarily causing grievous hurt there must be some specific hurt, voluntarily inflicted and coming within the scope of following as per Indian law: As per 320 Indian Penal Code the following kinds of hurt only are designated as "grievous";

1. Emasculation: It means depriving a male of masculine power.
2. Permanent privation of sight of either eye: The gravity lies in the permanency because it deprives a person the use of the organ of sight.
3. Permanent privation of the hearing of either ear: It deprives a man of his sense of hearing. Injury to the tympanum or auditory nerve or by thrusting something into the ear which causes deafness.
4. Privation of any member or joint: The term ‘member’ means an organ or a limb being part of man capable of performing a distinct function. It includes, nose, mouth, hands, feet, phalanges etc.
5. Destruction or permanent impairing of the powers of any member or joint: the use of limbs and joints of body are essential to the discharge of the normal functions of the body. Their deprivation causes lifelong crippling and makes the person defenseless and miserable.
6. 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
7. 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 dimensions 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 proved that the tooth was originally not loose and that there was fracture or dislocation by the injury.
8. 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