Injuries: Medicolegal Aspects

INTRODUCTION

• Medical practitioners very frequently need to examine, treat victims and issue medicolegal reports in pursuit of their profession dealing with wounded persons.
• It is the duty of the attending doctor to record all  injuries, their dimensions as much as possible, and  the body parts where the injuries are located; the  nature of injury, whether simple or grievous; whether caused by sharp/blunt object; age or duration of  injury and vital parameters like blood pressure, pulse  respiration along with the mental status of the patient.
• the words injury, assault and hurt are invariably  used by doctors in hospital practice and are used as  synonyms. But all three have a different meaning as per law. It is defined by the Indian Penal Code as below:

1. Injury: Section 44 of IPC defines injury as any  harm whatever illegally caused to any person in body, mind, reputation or property.
2. Assault:Section 351 of IPC defines assault as an  offer or threat or attempt to apply force on body of  another in a hostile manner. It may be a common/simple assault or an intention to murder.
3. Â Hurt: Section 319 of IPC defines hurt as whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

• The doctor who is certifying an injury report should keep in mind the Penal provisions (as below) required by police to book the case.
• Â Simple injury: IPC Section 323.
• Â Simple injury caused by dangerous weapons: IPC Section 324.
• Â Grievous injury: IPC Section 325.
• Â Grievous injury caused by dangerous weapons: IPC Section 326.
• Â Dangerous injury: IPC Section 307.
• Â Injury likely to cause death: IPC Section 304.
• Â Injury sufficient to cause death: IPC Section 302.
• Â Causing hurt by means of poison: IPC Section 328.

1. Sec 302 IPC Punishment for murder (upto death sentence/life imprisonment with fine)
2. Sec 304 IPC Punishment for culpible homicide not amounting murder.
3. Sec 304-A IPC: Causing death by negligence (Sec 304-8 IPC is related to dowry death)
4. sec 319. Hurt: Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
5. Section 320 of The Indian Penal Code – Grievous hurt, it has 8 categories.

• First, Emasculation.
• Secondly, Permanent privation of the sight of either eye.
• Thirdly, Permanent privation of the hearing of either ear.
• Fourthly, Privation of any member or joint.
• Fifthly, Destruction or 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 tooth.

1. Section 321 of The Indian Penal Code – Voluntarily causing hurt.
2. Section 322 of The Indian Penal Code – Voluntarily causing grievous hurt.
3. Section 323 of The Indian Penal Code – Punishment for voluntarily causing hurt.

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