Injuries: Medicolegal Aspects

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:

Injury: Section 44 of IPC defines injury as any  harm whatever illegally caused to any person in body, mind, reputation or property.

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.

 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.

Sec 302 IPC Punishment for murder (upto death sentence/life imprisonment with fine)

Sec 304 IPC Punishment for culpible homicide not amounting murder.

Sec 304-A IPC: Causing death by negligence (Sec 304-8 IPC is related to dowry death)

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

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.

Section 321 of The Indian Penal Code – Voluntarily causing hurt.

Section 322 of The Indian Penal Code – Voluntarily causing grievous hurt.

Section 323 of The Indian Penal Code – Punishment for voluntarily causing hurt.

Exam Important

  • 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.

Sec 302 IPC Punishment for murder (upto death sentence/life imprisonment with fine)

Sec 304 IPC Punishment for culpible homicide not amounting murder.

Sec 304-A IPC: Causing death by negligence (Sec 304-8 IPC is related to dowry death)

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

Section 320 of The Indian Penal Code – Grievous hurt, it has 8 categories.

 

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