The following kinds of hurt only are designated as “grievous”, namely:—
(a) Emasculation;
(b) Permanent privation of the sight of either eye;
(c) Permanent privation of the hearing of either ear;
(d) Privation of any member or joint;
(e) Destruction or permanent impairing of the powers of any member or joint;
(f) Permanent disfiguration of the head or face;
(g) Fracture or dislocation of a bone or tooth;
(h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.
Simplified Explanation
Section 116 of the Bharatiya Nyaya Sanhita (Indian Penal Code) defines grievous hurt and lists the specific types of bodily harm that are considered grievous under the law. These types of harm are more severe than ordinary hurt and result in significant physical damage or impairment.
Text of Section 116
“The following kinds of hurt only are designated as ‘grievous’, namely:—
- (a) Emasculation;
- (b) Permanent privation of the sight of either eye;
- (c) Permanent privation of the hearing of either ear;
- (d) Privation of any member or joint;
- (e) Destruction or permanent impairing of the powers of any member or joint;
- (f) Permanent disfiguration of the head or face;
- (g) Fracture or dislocation of a bone or tooth;
- (h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.”
Explanation of Grievous Hurt
Section 116 outlines grievous hurt as any of the following specific types of harm:
- Emasculation: The act of rendering a person incapable of reproduction by damaging the reproductive organs.
- Permanent Privation of Sight in Either Eye: Causing blindness in one or both eyes, which is irreversible.
- Permanent Privation of Hearing in Either Ear: Causing permanent deafness in one or both ears.
- Privation of Any Member or Joint: This refers to the loss of a body part (like a finger, toe, hand, etc.) or a joint (such as an elbow or knee) through injury or amputation.
- Destruction or Permanent Impairing of the Powers of Any Member or Joint: Inflicting damage so severe that the function of a body part or joint is permanently impaired (for example, causing a permanent disability that limits movement).
- Permanent Disfiguration of the Head or Face: Causing permanent scarring or disfigurement of the face or head, such as deep cuts or burns that leave lifelong marks.
- Fracture or Dislocation of a Bone or Tooth: A broken bone or a dislocated joint which causes serious injury.
- Hurt Endangering Life or Severe Pain: Any injury that:
- Endangers the person’s life.
- Causes severe bodily pain lasting more than 15 days.
- Prevents the person from carrying out their normal daily activities for an extended period (such as being unable to work or perform routine tasks).
Key Points
- Severity: Grievous hurt refers to injuries that are severe and result in long-term consequences, either physical, functional, or aesthetic.
- Life-threatening or Long-term Impact: Grievous hurt includes not only injuries that threaten a person’s life but also those that cause long-term pain or disability, affecting the victim’s ability to lead a normal life.
- Permanent Effects: Most of the injuries listed under grievous hurt involve permanent damage or impairment to the person’s body, such as blindness, deafness, or disfigurement.
Conclusion
Section 116 provides a clear list of specific types of grievous hurt, which are much more serious than simple or ordinary injuries. These injuries result in long-term or permanent harm to the victim, often affecting their ability to perform daily activities or causing permanent disability. The law takes these injuries very seriously, as they have a significant impact on the victim’s life.
