What is voluntarily causing hurt?

Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt".

What is the meaning of voluntarily causing hurt?

Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt".

What is grievous hurt?

—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.

What is the difference between grievous hurt and hurt?

For hurt to b punishable, it must be accompanied by other offences. But grievous hurt is punishable in itself. The offence of hurt is non-cognizable, bailable and triable by any Magistrate. Whereas the offence of grievous hurt is cognizable, bailable, compoundable with the permission of the Court.

What is hurt when does it amount to grievous hurt?

A hurt may cause extreme substantial and severe bodily pain, but not be dangerous to life. Such a hurt is grievous hurt. In any case, it must be indicated that such hurt was adequate to cause serious bodily pain for twenty days.

What is Meaning of Voluntarily Causing Hurt?

How do you prove grievous hurt?

If any person causes injury to either of the ear or both ears of a person and it makes the other person deaf permanently, then the person is said to cause grievous hurt. If any person deprives the other person of any member or joint, he causes grievous hurt. The joint is the area where two bones are joined.

Is head injury grievous hurt?

An injury caused to the head is not sufficient to charge an accused with attempt to murder, the Punjab and Haryana High Court has ruled while declining a petition challenging the charges framed in a case by the trial court in which a person from Kurukshetra was hit with a spade on his head, causing a grievous injury to ...

Is mental pain covered under simple hurt?

So mentally or emotionally hurting somebody will not be 'hurt' within the meaning of Section 319. However, in order to come within this section, it is not necessary that any visible injury should be caused on the victim. All that the section contemplates is the causing of bodily pain.

What is simple hurt under IPC?

Section 319 defines simple hurt as causing bodily pain, disease, or infirmity, and section 321 makes voluntary causing of hurt an offence punishable under section 323, IPC. I. Hurt (Section 319): Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

What are the ingredients for the offence of hurt?

To constitute the offence, there has to be specific hurt which should have been voluntarily inflicted with an intention to cause hurt as under law both actus-reus (act) and mens-rea (intention) are important to constitute criminality.

What is rash act?

Intuitively, using ordinary English language, one would have thought that a “rash” act requires a person to be aware of a risk, and then commit a deliberate act or omission despite the awareness of that risk.

Is fracture a grievous injury?

As per the IPC, grievous injuries include “fracture or dislocation of a bone or tooth”.

What is the maximum period of punishment for the offence of committing voluntarily causing hurt?

Punishment for voluntarily causing grievous hurt. —Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Is grievous hurt bailable?

Nature of the offence

An offence under Section 325 IPC i.e. voluntarily causing grievous hurt is a cognizable and bailable offence, which is triable by a magistrate.

What are considered as grievous hurt as per section 320?

SECTION 320 IPC - Indian Penal Code - Grievous hurt

Permanent privation of the sight of either eye. Permanent privation of the hearing of either ear. Privation of any member or joint. Destruction or permanent impairing of the powers of any member or joint.

Is concussion a grievous injury?

Brain Concussion is GRIEVOUS INJURY.

Is ligament injury grievous?

Isolated ligament injuries commonly involving the ACL (Anterior Cruciate Ligament) or the PCL (Posterior Cruciate Ligament) may not be as grievous as a knee dislocation. The management of these isolated ligament injuries may require surgical expertise which are commonly followed by surgeons specialized in this field.

Is shoulder dislocation grievous hurt?

Dislocation of shoulder – Grievous hurt, because dislocation of a bone occurs. It is also a rare example of grievous hurt which is can be corrected within minutes. a) Endangers life. b) Causes the victim to be in severe bodily pain for 20 days.

What are the exceptions to burden of proof?

Under section 105 if an accused claim for the benefits of exceptions the burden of proving the case must fall within the exception and it lies upon him. But the burden of proof by the accused is not specifically similar as of the prosecution.

Is Section 324 bailable or not?

Hence, the offence under Section 324 of IPC continues as a bailable and compoundable, as it originally stood. It is pertinent to note that people ignore the Gazette of India Notification dated 21.06. 2006 whereby only some provisions of the Cr. PC (Amendment) Act, 2005 were brought into force w.e.f. 23^rd June, 2006.

Is IPC 341 bailable?

Wrongful Restraint is a Cognizable and bailable offence. Any person, who wrongfully restrains the way of another person shall be liable to punishment under IPC 341 with simple imprisonment for 1 month, or with fine of Rs. 500 or with both. These offences are triable by any Magistrate.

What is the punishment for 304?

Causing death by negligence. --Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.] "304-AA.

What is rash and negligent act?

Rash is Primarily over hasty act, it is opposed to a deliberate act. Negligence is a breach of duty imposed by law. Rashness means doing an act with the consequences of a risk that evil consequences will follow but with the hope that they will not happen.