HURT

section 319 in the indian penal code

1. Section 319 defines Hurt.

2. Simple hurt does not endanger to life .It is not serious.

3. Simple hurt includes bodily pain, disease and infirmity. It may also include mental
shock.

4. Hurt is punishable, when it is accompanied with other offences, such as voluntarily

causing hurt, etc.

5. Injuries caused with burning fire wood do not endanger life, and therefore, do not fall
within the injuries specified in Sec. 320.

6. Where the knife injury though was on the vital part of the body, but the depth of the
injury was not given. X-ray reports also did not show any bone cut. The injury was held
simple. The Court convicted the accused u/s. 324.

7. An injury, which cannot be endangering to life, is not a grievous hurt, but is a simple
hurt.

8. The accused stabbed with a sharp-edged weapon on abdomen of victim. The doctor
said that the injury touched interior surface of the stomach, but did not touch any
important organ or structure. He also stated that it could not endanger life. The injury
was treated as a simple hurt.

Age of Injury:

It means that healing changes of a wound. Colour changes, union of the wound edges indicate
approximately the interval between time of wound occurrence and medical examination.

Section 321 in The Indian Penal Code

voluntarily causing hurt
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.

Section 323 in the indian penal code

punishment for voluntarily causing hurt

The essential ingredients of 323 IPC:

The essential ingredients to constitute an offence under section 323 are as under:

(i) That the accused caused hurt to another person;

(ii) That he caused such hurt voluntarily;

(iii) That such a case was not covered under Section 334 I.P.C.

To bring home an offence under section 323 IPC, the prosecution is to prove

(a) the victim suffered from bodily pain, disease or infirmity;

(b) that the accused caused the aforesaid bodily pain etc.;

(c) that the accused did so intentionally or with knowledge that in the process hurt would be
caused.

As was held in Ramdev And Ors vs State Of Rajasthan (2010), even if a simple injury has been
caused, a simple injury does lead to the causing of hurt as defined in Section 319 IPC. If mere
causing hurt is covered under Section 307 IPC then, how does one distinguish between Section
307 IPC and 323 IPC, 324 IPC ? In order to understand the distinction between these provisions,
it is essential to first notice the definition of word hurt as given under Section 319 IPC. Section
319 of Indian Penal Code,1860 defines the word HurtWhoever causes bodily pain, disease or
infirmity to any person is said to cause hurt. There is a clear cut distinction between Section 323
IPC, and Section 324 IPC, on the one hand, and Section 307 IPC, on the other hand. While
Sections 323 and 324 IPC do not use the words under such circumstances, Section 307 IPC
emphatically uses these words. Merely because the element of hurt is common to offences
under Sections 323, 324 and 307 IPC, it cannot lead to the confusion between the three different
provisions.

Voluntarily causing hurt by dangerous weapons or

means
Section 324 in The Indian Penal Code

Voluntarily causing hurt by dangerous weapons or means.Whoever, except in the case

provided for by section 334, voluntarily causes hurt by means of any instrument for shooting,
stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death,
or by means of fire or any heated substance, or by means of any poison or any corrosive
substance, or by means of any explosive substance or by means of any substance which it is
deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of
any animal, shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.

any instrument which, used as a weapon of offence, is likely to

cause death- Meaning:
In the case of Prabhu vs State Of M.P (2008), the Apex court held that the expression any
instrument which, used as a weapon of offence, is likely to cause death has to be gauged taking
note of the heading of the Section. What would constitute a `dangerous weapon would depend
upon the facts of each case and no generalization can be made. As was noted by this Court in
State of U.P. v. Indrajeet Alias Sukhatha (2000(7) SCC 249) there is no such thing as a regular or
earmarked weapon for committing murder or for that matter a hurt. Sections 324 and 326
expression dangerous weapon is used. In some other more serious offences the expression
used is deadly weapon (e.g. Sections 397 and 398). The facts involved in a particular case,
depending upon various factors like size, sharpness, would throw light on the question whether
the weapon was a dangerous or deadly weapon or not. That would determine whether in the
case Section 325 or Section 326 would be applicable. The above position was highlighted in
Mathai v. State of Kerala (2005 (2) JT 365).

An offence under section 324 IPC has the following essential ingredients:
(i) That the accused voluntarily caused hurt to another person;

(ii) That such a hurt was in exception to cases provided under Section 334;

(iii) That such hurt was caused

(a) by means of any instrument for shooting, stabbing or cutting, or any instrument which used
as a weapon of offence is likely to cause death; or

(b) by means of five or any heated substance; or (c ) by means of any poison or any corrosive
substance; or

(d) by means of any explosive substance; or

(e) by means of any substance which is deleterious to the human body to inhale, to swallow, or
receive into the blood; or

(f) by means of any animal.

To bring home an offence punishable under section 324, the prosecution is to prove:

(a) that the accused casused hurt i.e., caused bodily pain, or disease or infirmity (vide Section
319, I.P.C.) to another;

(b) that it has been caused voluntarily i.e. with knowledge or intention to cause;

(c ) that it has been caused by any instrument for shooting, stabbing or cutting, or by any
instrument which qua weapon of offence is likely to cause death, or by means of fire or any
heated substance or by means of any poison or any corrosive substance or by measns of any
explosive substance or by means of any substance which is deleterious to the human body to
inhale to swallow or to receive into blood or by any means of any animal, and that the offence
does not attract section 334, I.P.C.