<%-- Page Title--%> Crime & Punishment <%-- End Page Title--%>

April 25, 2004

 

On being hurt


Hurting someone is a criminal offence. Sections 319 to 338 A of the Penal Code 1860 deal with hurt. Hurt usually means causing physical injury or pain. It can be divided by simple hurt and grievous hurt.

According to section 319 whoever causing bodily pain, disease or infirmity to any person is said to cause hurt. Severe bodily pain will fall within the definition, no matter whatever may be the duration of such pain. Even hurt need not to be caused by direct physical contact between accused and the victim. Serious mental derangement by causing shock also amounts to hurt. Where, the accused with intent to frighten victim, presented himself in a sudden and horrified manner, in that case intention to cause hurt can be presumed (AIR 1944 Sind 19).

Section 320 defines "grievous hurt". Only eight kinds of injuries, which have been specifically stated in this section, will be considered as grievous hurt. These classifications are:

Firstly. Emasculation

Secondly. Permanent privation of the sight of either eye

Thirdly. Permanent privation of the hearing of either ear

Fourthly. Privation of any member or joint

Fifthly. Destruction or permanent impairing of the powers of any member or joint

Sixthly. Permanent disfiguration of the head or face

Seventhly. Fracture or dislocation of a bone or tooth

Eighthly. 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.

Injury to the nerves is not covered by any one of these eight conditions, which are necessary in order to designate a hurt as grievous (PLD 1960 WP Lahore). Penal Code also defined voluntarily causing hurt. Here nature of the act is important and "Intention" is a necessary ingredient

Punishments of hurt
Different kind of punishments has been fixed by the Penal Code for the offence of hurt. It depends on the grievousness of the act done by the accused. The range of punishment can be one month to life term imprisonment and will also be liable for fine, which may be at least five hundred taka or above, or with both.

Where hurt is caused by anybody to deter public servant from his duty or in consequences of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant shall be punished with imprisonment for a term which may extend from three years to ten years and also shall be liable for fine (section 332).

A new section has been inserted in 1984 where death sentence may be applied for voluntarily causing grievous hurt in respect of both eyes, head or face by means of corrosive substances. This section has been inserted mainly because there is a menace of acid throwing throughout the country , so the legislation has been made to meet the seriousness of the offence and to curb the crime.