Difference between Hurt and Grievous Hurt

The term ‘simple hurt’ is used nowhere in Indian Penal Code (IPC). However, to differentiate ordinary hurt covered by sections 319, 321, 323 from that of grievous hurt, the expression ‘simple hurt’ has come into popular usage.

Section 319 defines hurt as ‘whoever causes bodily pain, disease or infirmity to any person is said to cause hurt’. This section does not define any offence. It merely states what is the meaning of ‘hurt’. As per the section, the hurt must be caused to ‘any person’. This means ‘any person’ other than the person causing the hurt. Self-inflicted hurt does not come within the purview of his section.

Section 320 states specifically the nature of injuries that can be categorized as ‘grievous hurt’. No other hurt outside the categories of injuries enumerated in section 320 can be termed as grievous hurt. Therefore, unless a hurt caused comes within the injuries specified in section 320, this section will not apply.

Section 320 Grievous hurt.-The following kinds of hurt only are designated as “grievous”:-

First.- Emasculation.

Secondly.- Permanent privation of the sight of either eye.

Thirdly.- Permanent privation of the hearing of either of ear.

Fourthly.- Privation of any member or joint.

Fifthly.- Destruction of 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 face.

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.

The concept of hurt is different from grievous hurt in the following ways:

1. The injuries caused in grievous hurt are specific in nature like emasculation, loss of sight, loss of limb, fracture, disfiguration etc. whereas the injuries caused in section 319 i.e. hurt are just covered by bodily pain, disease and infirmity.
2. The risk of life is much more grave in the case of grievous hurt than in the case of hurt.
3. The offence of hurt is non-cognizable, bailable and triable by any Magistrate. Whereas the offence of grievous hurt is cognizable, bailable, compoundable with the permission of the Court.
4. The punishment for Hurt is given under section 323 of the Indian Penal Code and the punishment for grievous hurt is given under section 325 of the Indian Penal Code

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Dr. Deepak Miglani, Email id.:- legalbuddy@gmail.com