Introduction:
Pain and hurt are a result of injury that one may have to face in case of any altercation in use of criminal force by one person onto the victim. But as much as people consider them to be equal and pain being pain, in the eyes of law, pain is something that can vary in different circumstances, with different levels of criminal force applied. Not all pain is created equal and not all hurt are created equal.
Hence the law puts the
hurt and the pain caused by it into two different categories, Simple Hurt and
Grievous Hurt (elevated form of simple hurt). But not many people know the
difference between the two types of hurt and hence I see even a minor scar being
referred to as grievous hurt by people who are not aware. Hence today we will
be studying the main differences between the two types of hurt, their
ingredients, nature, punishment etc.
The Bharatiya Nyaya
Sanhita, 2023 (BNS), which replaces the Indian Penal Code (IPC), retains the
foundational principles of criminal law while modernizing its language and
structure. Among its key provisions are those dealing with hurt and grievous
hurt, two distinct categories of bodily harm that differ in severity, legal
consequences, and procedural handling.
Let’s start with
highlights from concerned sections under Bhartiya Nyaya Sanhita (BNS), which
shall pave way to detailed understanding of these provisions:
Section 114 BNS (319
IPC)- Whoever causes bodily pain, disease or infirmity to any person is said to
cause hurt.
Here main ingredients of Simple hurt being pain, disease or infirmity to any
person
if it is caused with
intention/ knowledge, then maximum punishment goes up to 1 year plus fine
(Section (115) BNS)
Section 116 BNS (320 IPC)-
Grievous Hurt-
The following kinds of hurt only are designated as “grievous”, namely:
- Emasculation
- Permanent privation of the sight of either eye
- Permanent privation of hearing of either ear
- Privation of any member or joint
- Destruction/ permanent impairing of the power/ joint
- Permanent disfiguration of head or face
- Fracture or dislocation of a bone or tooth
- Any hurt which endangers life or sufferance to be in pain for 15 days
Section 117 BNS/ 325 IPC
lays down 7 years of imprisonment plus a fine (compoundable by magistrate) for
Grievous Hurt.
While committing Grievous
hurt if it results in permanent disability or persistent vegetative state then punishment
shall not be less than 10 years of imprisonment upto max life imprisonment (non-compoundable)
(triable by sessions court)
When 5 plus persons cause
Grievous hurt on basis of race- cast/community/ sex/ place of birth/ language/
personal belief or any other similar grounds they Shall be punished with imprisonment
for 7 years (non-compoundable by sessions court)
Chart based summarization
of differences between Simple Hurt and Grievous Hurt.
|
|
Hurt |
Grievous
Hurt |
|
Corresponding
Section in Indian Penal Code (IPC) |
323 |
325 |
|
Corresponding
Section in Bhartiya Nyaya Sahnita (BNS) |
114 |
116 |
|
Definitions
and Ingredients |
Causing
bodily pain, disease, or infirmity to any person |
Specific
serious injuries such as emasculation, permanent loss of senses,
disfigurement, fractures, or injuries causing prolonged pain or disability |
|
Intention |
Intention
or knowledge to cause hurt |
Intention
or knowledge to cause Grievous hurt |
|
Cognizable
or non-cognizable |
Non-cognizable
(police need magistrate’s permission) |
Cognizable
(police can register FIR and arrest without warrant) |
|
Bailable
|
Bailable |
Non-bailable |
|
Compounding
of Offence |
Compoundable
with permission of court |
Non-compoundable
due to seriousness |
|
Jurisdiction |
Magistrate
of First Class |
Sessions
Court or Magistrate depending on severity |
|
Severity
|
Less
Severe nature |
Generally
considered more severe than hurt |
|
Punishment |
Up
to 1 year imprisonment or ₹10,000 fine or both |
Up
to 7 years imprisonment and fine |
|
Examples |
Slapping,
bruises, minor cuts |
Fractures,
loss of sight/hearing, disfigurement, 15+ days of pain |
Illustrative Example
- If a person punches another, causing
a black eye, it may amount to hurt.
- If the same punch fractures the
victim’s nose or causes disfigurement, it escalates to grievous hurt.
In a situation where on
the face of it, the offence is considered as simple Hurt, but the pain from the
hurt is such that it restricts the movement of the victim for performing
his/her duties or tasks for 15 days or more, then even though it may seem like
hurt, but it will be considered as grievous hurt. In Ramkaran v. State of
Rajasthan (2000) The victim was bedridden for over 15 days due to
internal injuries. The court held that prolonged pain or inability to
perform daily tasks for 15+ days qualifies as grievous hurt.
Why the Distinction Matters
The distinction ensures proportional
justice i.e. minor injuries are dealt with more leniently by law, while serious
harm invites stricter punishment and procedural safeguards. This classification
also helps courts and law enforcement agencies to prioritize cases based on urgency
and gravity they carry.
Key Case Laws on Hurt and Grievous Hurt
1. Kumar v. State (2011)
- Facts:
The accused slapped the victim during an altercation, causing temporary
pain but no lasting injury.
- Held:
The court ruled that even a minor slap constitutes hurt under the
law if it causes bodily pain, regardless of visible injury.
- Relevance:
Reinforces that hurt under Section 114 BNS does not require visible
wounds, i.e. pain alone suffices as ingredient to attract Section 114 BNS.
2. State v. Ram (2018)
- Facts:
The accused struck the victim with a stick, causing bruises and swelling.
- Held:
The court emphasized that intention or knowledge is key in determining voluntarily
causing hurt under Section 115 BNS.
- Relevance:
Clarifies the Mens-rea required for conviction under hurt provisions. The
“Voluntary” in Section 115 (Voluntary causing Hurt) needs to be proved in
order to attract the provision and punishments.
3. Jagannath v. State of Orissa (1966)
- Facts:
The victim suffered a fractured arm after being beaten with a rod.
- Held:
The court held that a fracture falls squarely under grievous hurt
as per the statutory definition (now Section 116 BNS).
- Relevance:
Demonstrates how specific injuries like fractures automatically qualify as
grievous hurt.
4. Mohd. Shakeel v. State (2020)
- Facts:
The accused attacked the victim with a knife, causing a deep facial
scar.
- Held:
The court ruled this as grievous hurt due to permanent
disfiguration of the face.
- Relevance:
Highlights how disfigurement is treated seriously under Section 116
BNS.
5. Ramkaran v. State of Rajasthan (2000)
- Facts:
The victim was bedridden for over 15 days due to internal injuries.
- Held:
The court held that prolonged pain or inability to perform daily tasks
for 15+ days qualifies as grievous hurt.
- Relevance: Interprets the clause on "hurt which causes the sufferer to be in severe bodily pain for 15 days".
Conclusion:
While
both offences are primarily forms of hurt, having pain, disease or infirmity as
key components, the nature of injury caused have further let our lawmakers to
differentiate them into two different groups of offences. The Severity of the
offences in Simple hurt and Grievous hurt are also different and so are the
punishments prescribed.
The
cases mentioned not only clarify the legal thresholds for hurt and grievous
hurt but also guide how intent, injury type, and consequences shape judicial
outcomes.
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Sources/ References:
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