The following kinds of hurt only are designated as “grievous”:
- Emasculation.
- 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.
- Permanent disfiguration of the head or face.
- Fracture or dislocation of a bone or tooth.
- 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.
IPC Section 320: Simplified Explanation
IPC Section 320 of the Indian Penal Code defines “grievous hurt,” specifying certain types of injuries that elevate the severity of harm from simple hurt to grievous hurt. This classification is important because it determines the gravity of the offence and the corresponding legal consequences.
Key elements that constitute grievous hurt include:
- Emasculation: Complete or significant damage to the male genitalia.
- Permanent Privation of Sight of Either Eye: Permanent loss of sight in one or both eyes.
- Permanent Privation of the Hearing of Either Ear: Permanent hearing loss in one or both ears.
- Privation of Any Member or Joint: Loss or permanent disablement of any limb or joint.
- Destruction or Permanent Impairing of the Powers of Any Member or Joint: Permanent damage to the functionality of any limb or joint.
- Permanent Disfiguration of the Head or Face: Any injury that leads to long-lasting disfigurement of the head or face.
- Fracture or Dislocation of a Bone or Tooth: This includes any fracture or the dislocation of bones or teeth.
- Any Hurt that endangers Life or Which Causes the Sufferer to be the Space of Twenty Days. Severe Bodily Pain or Unable to Follow His Ordinary Pursuits: This includes any injury that causes prolonged pain or disability affecting the person’s normal life activities for at least twenty days.
Is IPC Section 320 Bailable?
Since IPC Section 320 is a definitional section and not a penal provision, the bailability depends on the offence under which the accused is charged. For example, offences involving grievous hurt under Section 325 are non-bailable. In contrast, others may vary depending on the circumstances and specific sections invoked.
IPC Section 320 Punishment
Section 320 does not prescribe Punishment but serves as a basis for other sections that do. For instance:
- Under IPC Section 325 (voluntarily causing grievous hurt), the Punishment is imprisonment of up to seven years and a fine.
- Under IPC Section 326 (voluntarily causing grievous hurt by dangerous weapons or means), the Punishment can be more severe, including imprisonment for life or up to ten years, plus a fine.
Example of IPC Section 320
A real-life example involving grievous hurt under IPC Section 320 occurred when a man attacked another with a machete, leading to the victim losing several fingers and sustaining deep cuts on the arm. This act fell under “privation of any member or joint” and “permanent impairing of the powers of any member or joint” as defined in Section 320. The attacker was charged under IPC Section 326 for causing grievous hurt with a dangerous weapon, reflecting the severity of the injuries inflicted and the use of a lethal weapon in the assault. This case highlighted the legal distinctions between simple and grievous hurt and the implications for sentencing.
