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grievous hurt

English · Criminal law

Meaning. Hurt of one of the eight serious kinds listed in s.116 BNS, such as fracture or permanent loss of sight.

Section 116 BNS (old s.320 IPC) lists eight kinds of grievous hurt: emasculation; permanent loss of sight of either eye; permanent loss of hearing of either ear; loss of any member or joint; destruction or permanent impairment of the powers of a member or joint; permanent disfigurement of the head or face; fracture or dislocation of a bone or tooth; and any hurt that endangers life or causes the victim to be in severe bodily pain, or unable to follow ordinary pursuits, for fifteen days. The BNS reduced this last period from twenty days under the IPC.

The list is closed: an injury not covered is simple hurt, however painful. A mere stay in hospital for fifteen days is not enough; the victim must actually be in severe pain or unable to carry on ordinary pursuits. Voluntarily causing grievous hurt is punished under s.117 BNS (old s.325).

Example

A blow that broke the victim's front tooth is grievous hurt, since fracture of a tooth is expressly listed in s.116.

In Indian law

  • Sections 116–117, Bharatiya Nyaya Sanhita, 2023 (old ss.320 and 325 IPC)

See also

hurt · culpable homicide · assault

Read more in the study notes

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