Grievous hurt
The following kinds of hurt only are designated as “grievous”, namely:
(a) Emasculation.
(b) Permanent privation of the sight of either eye.
(c) Permanent privation of the hearing of either ear.
(d) Privation of any member or joint.
(e) Destruction or permanent impairing of the powers of any member or joint.
(f) Permanent disfiguration of the head or face.
(g) Fracture or dislocation of a bone or tooth.
(h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.
Key Points:
Grievous Hurt Defined:
Grievous hurt refers to certain specific types of injuries that result in permanent damage or cause the victim to suffer severe pain or incapacitation for an extended period.
It is a higher degree of injury than regular hurt, and the consequences are often long-term or life-threatening.
Types of Grievous Hurt:
Section 114 lists several types of injuries that are explicitly classified as grievous. These include injuries that result in permanent loss of function, disfigurement, or life-threatening conditions.
Detailed Explanation of Each Type of Grievous Hurt:
Emasculation (Clause a):
Emasculation refers to the permanent loss or injury to a man’s reproductive organs, resulting in an inability to perform sexual functions.
This type of injury is considered grievous due to its significant impact on the victim’s physical and emotional well-being.
Permanent Privation of the Sight of Either Eye (Clause b):
Privation of sight means the permanent loss of vision in one or both eyes.
This type of injury leads to blindness, which drastically affects the quality of life and ability to function.
Permanent Privation of the Hearing of Either Ear (Clause c):
The permanent loss of hearing in one or both ears is classified as grievous hurt.
This injury impacts a person’s ability to communicate and engage with the environment.
Privation of Any Member or Joint (Clause d):
Privation refers to the loss of use of any limb or joint. This could mean the amputation or permanent loss of movement in a hand, foot, or other body part.
This type of injury severely impacts a person’s mobility and physical capabilities.
Destruction or Permanent Impairing of the Powers of Any Member or Joint (Clause e):
This refers to the permanent impairment or destruction of the functionality of any body part or joint, such as a limb or finger.
The inability to use a body part even without its removal (e.g., paralysis) is considered grievous hurt.
Permanent Disfiguration of the Head or Face (Clause f):
Disfigurement refers to a permanent injury that alters the appearance of the head or face, such as scars, burns, or other injuries that cause noticeable changes.
Since disfigurement affects a person’s identity and can have long-lasting psychological effects, it is classified as grievous hurt.
Fracture or Dislocation of a Bone or Tooth (Clause g):
Any fracture or dislocation of a bone, as well as the fracture or dislocation of a tooth, is regarded as grievous hurt.
These injuries are considered serious due to the pain, healing time, and potential long-term consequences on the body.
Hurt Endangering Life or Incapacitating the Victim for 15 Days (Clause h):
Any hurt that endangers life or causes the victim to suffer severe pain or be unable to follow their ordinary pursuits for a period of 15 days or more is grievous hurt.
This includes injuries that cause extreme pain or significantly disrupt the victim’s life, even if they do not result in permanent disability.
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