Injuries: Medicolegal Aspects

Section 320

REF: Textbook of Forensic Medicine and Toxicology by Nagesh Kumar Rao Page 259

Section 320: Grievous hurt

The following kinds of hurt only are designated as “grievous”

1. Emasculation
2. Permanent privation of the sight of either eye
3. Permanent privation of the hearing of either ear
4. Privation of any member or joint
5. Destruction or permanent impairing of the powers of any member or joint
6. Permanent disfiguration of the head or face
7. Fracture or dislocation of a bone or tooth
8. 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.

S. 351, I.P.C.: An assault is an offer or threat or attempt to apply force to body of another in a hostile manner. It may be a common assault or with an intent to murder. S.352 to 358 I.P.C. deal with punishments for various types of assaults.

D i.e. 304 B

• To deal with this brutal kind of social evil section 304 B Dowry death,
• Section 498A (Cruelty by Husband or in-laws i.e. domestic violence)
• Section 113 B (Presumption as to dowry death) was incorporated in Indian penal laws around 1986 to eradicate the nuisance of dowry death.

In Indian Penal Code, two new offences have been created under section 304-B and 498-A.

• The offence  under section 304-B called as the Dowry death
• whereas section 498-A called as Husband or relative of husband of a woman subjecting her to cruelty,
• Code of Criminal Procedure includes section 174 and 176 deals with the investigations and inquiries into the causes of unnatural deaths by police and magistrate respectively
• In Indian Evidence act new section 113-B called as presumption in cases of dowry death that the person who is shown to have subjected the woman to cruelty or harassment soon before her death 

B i.e. Nasal bone fracture

Ans. 2 years

Ans. D. Sec. 319

• 319. Hurt.—Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

• It is of two types: i. Simple and ii. Grievous

• Sec-319 –> Defines Hurt.—Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

• Sec- 320–> Defines the grievous hurt and comprises of 8 clauses

• Sec-326 –> Voluntarily causing grievous hurt by dangerous weapons/means, fine/punishment up to 10 years.

• Sec 331 –> Voluntarily causing grievous hurt to extort confession, or to compel restoration of the property. shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Ans. is ‘c’ i.e., 326

Vitriolage is a potential cause of permanent disfigurement of the face and thus is covered under grievous hurt and so comes under IPC 326.

In Feb 2013 amendment in Indian Penal Code took place because of which episodes of acid attack are presently being recorded as a separate offence under section 326 A and 326 B.

Section 326A lays down the punishment for acid throwing. The minimum punishment is 10 years imprisonment. It can extend up to life imprisonment with fine.

Section 326 B lays down the punishment for attempted acid throwing. The minimum punishment is 5 years imprisonment. It can extend up to 7 years imprisonment with fine.

Ans. is ‘a’ i.e., Definition of hurt

Ans. is ‘b’ i.e., Voluntarily causing hurt