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Criminal Law Videos - IPC Section 319 (Definition of hurt)


IPC Section 319 defines hurt. It says that whoever causes bodily pain, disease or infirmity to any person commits hurt. The duration of the pain is not important. But if the harm is so slight that a person of ordinary sense and temper would not complain about it, section 95 would apply and the accused would not be liable. Disease is any kind of illness while infirmity is the inability of an organ to perform its normal function which may be temporary or permanent. This may be both physical or mental, and a temporary impairment or hysteria or terror has been held to be infirmity.

The definition nowhere suggests that a contact with the body is essential for causing hurt. Where the accused in the darkness of night spoke in a piercing voice and extended his hand pointing a pistol as a result of which the woman victim was terrorised to unconsciousness, this was held to be a hurt. Hurt may be caused along with an assault, and it may be independent of an assault as well.

Where the accused chastised his little daughter for impertinence and gave a kick blow on her back and slapped twice on her face and the daughter died, it was held that he was guilty of causing hurt. Pulling a person by hair is causing hurt.