HURT & GREVIOUS HURT

Section 319 to 338 of IPC deals with hurt and Grievous Hurt in various forms. Sec 319
defines simple hurt as causing bodily pain, disease, or infirmity, and sec 321 makes
voluntary causing of hurt an offence punishable under section 323, IPC.

Hurt (319): Whoever causes bodily pain, disease or infirmity to any person is said to cause
hurt.
To constitute hurt any of the following essentials needs to be caused:-
1. Bodily pain, or
2. Disease, or
3. Infirmity to another.

1. Bodily Pain :
To cause hurt, there need not be any direct physical contact. Where the direct result of an act
is causing of bodily pain it is hurt whatever be the means employed to cause it. Hurt is
constituted by causing bodily pain, not mental pain. In the absence of an intention to cause
death, or grievous bodily hurt, where a person died as a result of two kicks on the abdomen,
the accused was held guilty of causing hurt only. Dragging a person by hair or fisting him
falls under this section.
2. Disease:
A person communicating a particular disease to another would be guilty of hurt. In Raka v.
Emperor 1887, the Bombay High Court held a prostitute who had sexual connection with
the complainant & thereby communicated syphilis, liable under section 269, IPC, for
spreading of infection and not of causing hurt, because the interval between the act and
disease was too remote to attract sections 319 & 321, IPC.
3. Infirmity:
It means the inability of an organ to perform its normal function which may either be
temporary or permanent. It denotes a temporary mental impairment, hysteria or terror.

Hurt resulting in Death: Where there is no intention to cause death, or no knowledge that
death is likely to be caused, and death is caused, the accused will be guilty of ‘hurt’ only if
the injuries are not serious in nature.

Grievous Hurt (320) : The code on the basis of the gravity of the physical assault has
classified hurt into simple & grievous so that the accused might be awarded punishment
commensurate to his guilt.

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

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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

Grievous Hurt resulting in Death : In the case of grievous hurt, the hurt inflicted only
endangers life but in case of culpable homicide not amounting to murder, the hurt is likely
to cause death. The distinction between culpable homicide not amounting to murder &
grievous hurt is very thin.Where the evidence shows that the intention of assailants was to
cause death, the case should fall under section 302 and not under section 325.

Punishment: Whoever, except in the case provided for by Section 335, voluntarily causes
grievous hurt, shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.

While considering the ingredient under Section 304B of the IPC, the Apex Court observed
that in the instant case the deceased Sushila was married to the Appellant mo. 1 on October
20, 2007. Thereafter she was found missing from April 24, 2008 and then her body was
discovered after 10 days. The Court noted, that the ingredients of Section 304B of IPC were
established in the present case, as the death of the deceased was unnatural, was within 7
years from the date of the marriage and there were allegations of cruelty in pursuance to
demand for dowry.

‘Social Revolution’ is what is needed to put an end to this menace. In the name of tradition
dowry has come a long way but now is the time to address it and stop it.

MISCHIEF ( 425 )
Meaning:
whenever anyone performs an act either having an intention to cause or is aware that his act
is likely to bring, some destruction or damage to any property, destroying or diminishing its
value and utility, hence, resulting in an undue loss or damage to the public or any person is
said to commit mischief.
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In simpler terms, it can be understood as when an individual intends to perform an act or has
the knowledge that his/her act will create hindrance in allowing another person to enjoy the
benefit of their property by one means or other, it is called a mischief. However, this act can
be even against the public or against a specific person as well.

Objective:
The Law of Mischief under IPC is specifically drafted with an objective to provide
protection against the destruction of the property causing any wrongful loss or damage to
the public or an individual. It is an extension to the legal maxim sic utretuoleadas which
means “use your own property, but not in a way that can injure your neighbour’s or other’s
property.”

Illustrations:
• “A” intentionally sets X’s home on fire causing him wrongful loss or injury.
• “A” a doctor deliberately prescribed wrong medicine to “B’s” cattle with an intent to
cause wrongful loss or injury.

Ingredients of Mischief:
1) Intention or the knowledge of the act (mens rea);
2)The act resulting in destruction, damage or change in the property or situation thereof
3)The change must lead to diminishing the value or utility.

Punishment (426):
imprisonment of a term which may extend up to 3 months, or with fine, or with both,
Nature of offence: The offence under this Section is non-cognizable, bailable,
compoundable, and triable by any Magistrate.

Default of Payment or Illegal Act :

In case of disconnection of water supply, sewerage supply, electricity supply, telephone
connection, etc., by the concerned departments resulting from the default in payment or an
illegal act after following a due process will not come under the ambit of “Mischief”.

In the case of Indian Oil Corporation v. NEPC India Ltd. and Ors., the Court held that
ownership or possession of the property is not a deciding factor in the matter of the
application of section 425 of IPC. Thus, mischief is said to be committed even in cases
when the accused is the owner of the property provided all the other essential ingredients
mentioned are satisfied.
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 CRIMINAL TRESPASS (441)

Any person who enters the property of another person without permission of the possessor
of the property is said to commit the offence of Trespass. Trespassing is ordinarily a civil
wrong and compensation damages are granted usually, but trespass with a criminal intention
is treated as a criminal offence and is punishable under Section 441 of IPC .
For example, if A enters to pluck flowers from the tree inside B’s house without his
permission, A would be liable for trespassing.
Whereas, if A enters into B’s property, unlawfully and without his permission, to steal his
car, then A would be liable for theft and criminal trespass.
In simpler words, when a person unlawfully enters into private property of another person
or unlawfully remains into such property with criminal intentions, is said to commit
“Criminal Trespass”.
Criminal trespass has two limbs, firstly, unlawfully entering into the property of another
person with criminal intentions and secondly, entering lawfully into that property but
remaining unlawfully there with criminal intentions.

Ingredients of Criminal Trespass:

1) there should be an entry into somebody’s else property and
2) that entry should be unlawful and the person entering should remain in that property
with a criminal intent to harm the property and cause annoyance to the other person.