Criminology

Fundamentals of Crime, Criminal Law and Criminal Justice

Hurt and Grievous Hurt

Role Name Affiliation

Principal Investigator Prof. Bajpai NLU, Delhi

Paper Coordinator Dr. Debdutta Das Assistant Professor, Amity

Law School, Amity University

Content Writer/Author Dr. Kavita Singh Associate Professor, West

Bengal National University of
Juridical Sciences, Kolkata
Content Reviewer Dr. Mrinal Satish Associate Professor. National
Law University Delhi.

DESCRIPTION OF MODULE

Items Description of Module

Subject Name Criminology

Paper Name Fundamentals of Crime, Criminal Law and Criminal

Justice

Module Name/Title Hurt and Grievous Hurt

Module Id 08

Objectives The objective of this module is:

 To inculcate within the readers in-depth knowledge of

law related to Hurt, grievous hurt and Aggravated forms
of grievous hurt with the help of relevant case laws and
illustrations.

 To explain most basic of concepts required for better

understanding of the module.

 To provide for answers to important issues related to hurt

and grievous hurt.

Prerequisites General understanding of the fundamental principles of criminal

law; basic knowledge of offences against body and the general
 explanations under the Indian Penal Code, 1860.

Module Title: Hurt and Grievous hurt

Synopsis

 Introduction to Offence of Hurt and Grievous Hurt

 Learning Outcomes
 Offence of Hurt and Grievous Hurt under the Indian Penal Code, 1860
 Difference Between the offence of Hurt and Grievous Hurt
 Difference between Indian Law and English Law on Hurt and Grievous Hurt
 Summary

1. Introduction

“Now is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning”.

Sir Winston Churchill (1942) (after three years of WW II)

Now a day Magistrates Court are flooded with cases of Hurt and Grievous Hurt. Offences are
dealt under the chapter titled Of Hurt. Section 319 to 338 gives definitions of simple hurt, grievous hurt
but punishments is provided in the Code for voluntarily causing hurt and grievous hurt to aggravated
forms of the offence under this chapter. This module gives an overview of the law relating to hurt and
grievous hurt.

2. Learning Outcomes
After completion of this module, reader will be able to:

3. Offence of Hurt and Grievous Hurt under the Indian Penal Code, 1860

Understand the offence of Hurt and Grievous Hurt. Section 319-338 dealing with the causing of

Hurt and Grievous Hurt and the punishment therefore. Section 319 defines simple hurt and Grievous hurt

under section 320. Definition of hurt contemplates causing of pain by a person to another.

3.1 Statutory Framework1

1. 1
See, . K.I. Vibhute, PSA Pillai‟s Criminal Law (2012) at p 883-904.
 Section 319- 338 deals with causing of hurt and grievous hurt and the punishments therefore. The
subject can be broadly divided into following divisions.
1. Simple Hurt (Section 319, 321, 323)
2. Grievous Hurt(Section 320, 322, 325)

3. Grievous Hurt or grievous hurt by dangerous weapons or dangerous means (Section 324 & 326)

4. Causing hurt or grievous hurt to extort property (Section 327 & 329)

5. Causing hurt by means of poison (Section 328)

6. Causing hurt or grievous hurt to extort confession or compel restoration of property (Section 330 &
331)
7. Causing hurt or grievous hurt to deter public servant (Section 332 & 333)

8. Causing hurt or grievous hurt or provocation (Section 334 & 335)

9. Causing hurt or grievous hurt by endangering life or personal safety of others (Section 336, 337 &
338)

4. Hurt

319. Hurt- Whoever causes bodily pain, disease or infirmity to any

person is said to cause hurt.

Section 321. Voluntarily causing hurt.—whoever does any act with the intention of
thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause
hurt to any person, and does thereby cause hurt to any person, is said, ―Voluntarily to
cause hurt‖.

323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by
section 334, voluntarily causes hurt, shall be punished with imprisonment of either description
for a term, which may extend to one year, or with fine, which may extend to one thousand
rupees, or with both.
 Dragging women out of house held to an offence of hurt.2 Causing of pain being sufficient to

constitute hurt, it is not necessary that there should be visible injury caused on the person the victim, 3 not

it is necessary that injury should be received by physical contact. Causing pain by voluntary act is

sufficient.4 A person who deliberately sets out to cause shock to a person with a weak heart and succeeds

in doing so causes hurt to that person.5 The term „infirmity‟ has been interpreted to mean inability of an

organ to perform normal functions which may be either temporary or permanent.6

4.1 Intention or Knowledge

The gist of the offence under this section is the intention or knowledge for causing the hurt voluntarily.

There cannot be a voluntary causing of hurt unless there is intention of causing hurt or knowledge that

hurt is likely to be caused by that act. As such, a rash or a negligent act, which causes hurt, does not come

within the ambit of this section.7 In Re Marana Goudan case, the deceased owed one anna to the accused

and he demanded the same from the deceased. The deceased told him that he had no money and would

pay him later. On hearing, this accused kicked the deceased twice in the stomach twice. The deceased

collapsed and died due to shock. It was held that the accused could not have had the intention to cause

2
Abdul Sattar v Moti Bibi, AIR 1930 Cal 720.
3
Ranganayamma v Sibamma, AIR 1967 AP 208.
4
1970 Raj LW 135.
5
Jashnmal v Bhramanand, AIR 1924 Sind 19.
6
Pateshwari Prasad v S. Dayal, AIR 1924 ALL 215
7
Nanak Singh v State, 1955 Cr. L. J 173.
death or the knowledge that his act of kicking in the abdomen will cause death. Hence, he was convicted

under section 323 for causing simple hurt.8

Element of the offence:

i. Accused voluntarily caused bodily pain, deceased or infirmity to the victims;

ii. The accused did so with intention of accused of causing hurt or with the knowledge that he would
thereby cause hurt to the victim.

4. Grievous Hurt

Section 320 states specifically the nature of injuries that can be categories as „grievous hurt‟. No other

hurt outside the categories of injuries enumerated in section 320 can be termed as grievous hurt. Unless a

hurt caused comes within the injuries specified in section 320, this section will not apply.9

320. Grievous hurt.—the following kinds of hurt only are designated as ―grievous‖:—
(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.

8
(Fifthly) — Destruction or permanent impairing of the powers of any member or joint.
Ibid.
9
Mathai v State—
(Sixthly) of Kerela, AIR 2005
Permanent SC 710.
disfiguration of the head or face.
(Seventhly) —Fracture or dislocation of a bone or tooth.
(Eighthly) —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.
 322. Voluntarily causing grievous hurt.—Whoever voluntarily causes hurt, if the hurt
which he intends to cause or knows himself to be likely to cause is grievous hurt, and if
the hurt which he causes is grievous hurt, is said ―voluntarily to cause grievous hurt.‖
Explanation.—A person is not said voluntarily to cause grievous hurt except when he
both causes grievous hurt and intends or knows himself to be likely to cause grievous
hurt. However, he is said voluntarily to cause grievous hurt, if intending or knowing
himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt
of another kind.

A, intending or knowing to be likely permanently to disfigure Z’s

face, gives Z a blow which does not permanently disfigure Z’s face
but causes Z to suffer severe bodily pain for the space of twenty
days. A has voluntarily caused grievous hurt.

325. Punishment for voluntarily causing grievous hurt.—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
4.1 shall also be liable to fine.
Definition

The offence of grievous hurt, which causes severe bodily pain, applies only when only when such effect

lasts for a period of twenty days and not when the victim dies before the expiry of that period due to
tetanus infection, it was held that this case was not fit for grievous hurt.10 Section 322 states what

amounts to voluntarily causing grievous hurt and 325 lays down punishments.

4.2 Fracture or dislocation

11
Supreme Court in Hiralal v State of UP, held that it is not necessary that the bone should not be cut

through and through or crack must intend from the outer to the inner surface of that there should be

displacement of any fragment of the bone. If there is a break by cutting or splintering of the bone or there

is a rupture or fissure in it, it would amount to fracture under section 320 (7) of Indian Penal code.

Images of fracture.12

4.3 Hurt Endangering life

10
Shyam Behera v State, AIR 1953 Ori 306.
11
AIR 1970 SC 1969.
12
http://www.firstaidforfree.com/first-aid-for-dislocations/ visited on 31.07.16
The dividing lines between culpable homicide and grievous hurt are very thin; in former case, injuries

must be such as are likely to cause death and in the latter, they may endanger life. Blow in the head with

axe, which penetrated half an inch into the head, is an act, which is likely to endanger the life, and is

covered under clause eight of section 320. The accused in this case convicted under section 326.13

4.4 Medical opinion on nature of hurt

The opinion of the doctor about the nature of injury is not binding on the court.14 Medical evidence can

be hardly be relied upon to falsify the evidence of eyewitness because of the fact that medical evidence is

guided by various factors based on guess and certain calculations.15 The prosecution is not bound to

explain the superficial injuries on the person of the accused not caused at the time of the occurrence.16

4.5 Factors for Considerations

There are certain factors, which are required to be taken into consideration before awarding
appropriate sentence to the accused. These factors are only illustrative in character and not exhaustive.
Each case has to seen from its special perspective. The relevant factors areas given below:
a) Motive or previous enmity
b) Whether the incident had taken place on spur of the moment
c) The intention/ knowledge of the accused while inflicting the blow or injury
d) Whether the death ensued instantaneously or the victim died after several days
e) The gravity, dimension and nature of injury
f) The age of the general health condition of the accused
g) Whether the injury was caused without premeditation in a sudden fight
h) The nature and size of weapon used for inflicting the injury
The essential ingredients for punishment of the offence under Section 325 are as follows:

13
Khudiram Majhi v State of WB, AIR 1972 SC 1221.
14
Sarwan Singh v State,AIR 1978SC 1525.
15
Manga v State, AIR 1979 SC 1194.
16
Jagdish v State, AIR 1979 SC 1010.
 1. Accused voluntarily caused hurt.
2. Hurt was grievous hurt within the meaning of section 320.

4.6 Difference between Hurt and Grievous Hurt

5. Grievous Hurt or grievous hurt by dangerous weapons or dangerous means

Section 324 & 326)

324. Voluntarily causing hurt by dangerous weapons or means.—Whoever, except in the

case provided for by section 334, voluntarily causes hurt by means of any instrument for
shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is
likely to cause death, or by means of fire or any heated substance, or by means of any
poison or any corrosive substance, or by means of any explosive substance or by means of
any substance which it is deleterious to the human body to inhale, to swallow, or to
326. Voluntarily causing grievous hurt by dangerous weapons or means—Whoever,
except in the case provided for by section 335, voluntarily causes grievous hurt by means
of any instrument for shooting, stabbing or cutting, or any instrument which, used as a
weapon of offence, is likely to cause death, or by means of fire or any heated substance, or
by means of any poison or any corrosive substance, or by means of any explosive
substance, or by means of any substance which it is deleterious to the human body to
inhale, to swallow, or to receive into the blood, or by means of any animal, shall be pun-
ished with imprisonment for life, or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

Section 326A: Hurt by acid attack – Whoever burns or maims or disfigures or disables any
part or parts of the body of a person or causes grievous hurt by throwing acid on, or
administering acid to that person, with the intention of causing or with the knowledge that
he is likely to cause such injury or hurt, shall be punishable with imprisonment of either
description which shall not be less than 10 years but which may extend to life and with
fine which may extend to Rs 10 lakhs.
Provided that any fine levied under this section shall be given to the person on whom
acid has been thrown or administered.
ii) Intentionally throwing or administering acid: Whoever throws acid on, or administers
acid to, any person with the intention of causing burn or maiming or disfiguring or
disabling or causing grievous hurt to that person shall be liable to imprisonment of either
description for a term not less than 5 years but which may extend to 10 years and with fine
which may extend to Rs 5 lakhs.
 Section 326B penalizes the attempt to throw acid – It states that whoever throws or
attempts to throw acid on any person or attempts to administer acid to any person, or
attempts to use any other means with the intention of causing permanent or partial
damage or deformity or burns or maiming or disfigurement or disability or grievous
hurt to that person, shall be punished with imprisonment of either description for a term
which shall not be less than 5 years but which may extend to 7 years, and shall also be
liable to fine.

5.1 Causing Hurt or Grievous Hurt on Provocation

Where simple hurt is committed with dangerous weapon then Section 324 will apply. Where grievous

hurt is caused by dangerous weapon as defined in section 320 then section 326 will apply. In order to to

sustain conviction under section 324 prosecution must prove that the accused voluntarily caused hurt and

that such hurt was caused by means of dangerous weapon. Nothing short of that would suffice.17 Lathi,18

Bamboo stick19 has not been a dangerous weapon depending upon size, thickness etc. In Anwarul Haq v
20
State, it was held that “any instrument, used as a weapon of offence, is likely to cause death,” means

dangerous weapon, which is used by the accused, which is likely to cause death.

5.2 Dangerous Weapon or Dangerous Means

In Keshub Mahindra v State of MP,21 held that the accused must commit an act with the

knowledge that thereby he was likely to caused hurt or grievous hurt to the victim. It was caused:

a) By any shooting instrument; or

b) By any stabbing instrument, or
c) By any cutting instrument; or
d) By any instrument, if used as a weapon of offence, likely to cause death; or

17
Jadish Prasad v State, AIR 1979 SC 1510.
18
Pritam Singh v The Crown, AIR 1950 EP 209.
19
Nga Po Nyan v Emperor, AIR 1937 Rang 8.
20
AIR 2005 SC 2382.
21
1996 SCC (Cri) 1124.
 e) By means of poison; or
f) By means of any explosive substance; or
g) By means of any corrosive substance; or
h) By means of any animal.

5.3 Acid Attack

Acid attacks are an increasing phenomenon in India.22 Section 326 of the I.P.C, which deals with

causing grievous hurt by throwing of a corrosive substance etc. was insufficient/ inadequate to deal with

the issue. Firstly, the definition of grievous hurt is not broad enough to cover the various kinds of

injuries, which are inflicted during acid attacks. Secondly, the section does not cover the act of

administering acid. Thirdly, the section gives a wide discretion to the courts as far as punishment is

concerned. The cases on acid attacks in India show that normally inadequate punishment is awarded in

these cases. Fourthly, the section in the I.P.C does not punish the intentional act of throwing of acid if no

injuries occur. Lastly, the section also does not specify whom the fine should be awarded to. “The

Inclusion of Acid Attacks as Specific Offences in the Indian Penal Code and a law for Compensation for

Victims of Crime”23 is a step towards giving justice to the victims of acid attack. The Laxmi24 Writ

petition states that compensation to victims of acid attacks is of vital importance as huge medical costs

are often involved. The victims of acid attack need both short term as well as long term specialized

medical treatments and plastic surgeries. The provisions in the Indian law for giving compensation to the

victims are insufficient. The writ petition therefore prays that:

22
Laxmi v. Union of India and Others, Writ Petition (Crl.) No. 129 of 2006.
23
Report submitted to the Hon’ble Supreme Court of India for its consideration in the pending proceedings filed by one Laxmi
in W.P. (Crl.) No. 129 of 2006. Report No. 226 of Law Commission of India, July 2009.
24
Ibid.
 1) An amendment be made in the Indian Penal Code, Evidence Act and the Criminal

Procedure Code for dealing with acid attack as a special offence;

2) Guidelines be framed and an act be passed to attend to the needs of all the acid attack

victims in India;

3) A committee be constituted and appointed for adopting measures for the proper treatment,

aftercare and rehabilitation of the victims of acid attacks;

4) That acid in all forms be made a scheduled banned chemical which is not readily available

over the counter.

5. 1. 3 Presumption as to acid attack

If a person has thrown acid on, or administered acid to, another person the Court shall presume

that such an act has been done with the intention of causing, or with the knowledge that such act is likely

to cause such hurt or injury as is mentioned in Section 326A of the Indian Penal Code.

The following picture shows the primary reasons that are responsible for acid attack in and around the

nation.25 It can be clearly observed that love and sex rejection along with rejection of marriage proposal

are seen as the major reasons behind this horrendous crime.26

25
Id
26
Unpublished LLM Dissertation by Nargis Yeasmeen titled, Acid Attack: Burning Soul in Fumming Nation, (2014).
 LOVE OR SEX
DOWRY OR OTHER
REJECTION MARITAL
35% PROPOSALS
4%

REASONS OF FAMILY
ACID ATTACK DISPUTE
5%

BUSINESS
REJECTION OF RIVALRY AND
MARRIAGE PROPOSAL DISPUTES
36% 20%

6. Causing hurt or grievous hurt to extort property (Section 327 & 329)

327. Voluntarily causing hurt to extort property, or to constrain to an illegal act.—

Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or
from any person interested in the sufferer, any property or valuable security, or of
constraining the sufferer or any person interested in such sufferer to do anything
which is illegal or which may facilitate the commission of an offence, shall be
punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
 329. Voluntarily causing grievous hurt to extort property, or to constrain to an
illegal act.—Whoever voluntarily causes grievous hurt for the purpose of
extorting from the sufferer or from any person interested in the sufferer any
property or valuable security, or of constraining the sufferer or any person
interested in such sufferer to do anything that is illegal or which may facilitate
the commission of an offence, shall be punished with imprisonment for life, or
imprisonment of either description for a term which may extend to ten years, and
shall also be liable to fine.

6.1 Extortion of Property or to Constrain Illegal Act

When accused voluntarily causes hurt or grievous hurt to the victim to extort property or to

compel illegal act section 327 and section 329 applies. The essentials of these offences are as follows:

a) Accused voluntarily caused hurt or grievous hurt to the victim

b) He did so for the purpose of –

i. Extorting from the victim or any person interested in victim, any property or valuable

security;

ii. Compelling the sufferer to do an illegal act;

iii. Facilitating the commission of the offences.

Aim of this law is purpose for which the injury is caused and not the nature of the injury. Punishment is

imprisonment for life, or imprisonment of either description for a term which may extend to ten years,

and shall also be liable to fine.

7. Causing hurt by means of poison (Section 328)

328. Causing hurt by means of poison, etc., with intent to commit an offence.—Whoever
administers to or causes to be taken by any person any poison or any stupefying, intoxicating
or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent
to commit or to facilitate the commission of an offence or knowing it to be likely that he will
thereby cause hurt, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

7.1 Administering poison

A poison is administered when it is left by the accused to be consumed by the victim. 27 Offence

is not considered as administered unless it reaches the victims stomach.28 Compounder was found guilty

of administering deleterious substance to his own doctor.29 Shall be punished with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to fine.

27
R v Harley, (1830) 4 C & P 369; R v Dale,(1852)
28
See, K I Vibhute, Criminal Law, X Ed (2008), Lexis Nexis Butterworths India, at p 883-904.
29
Dharam Das v State, AIR 1975 SC 241
7.2 Essentials of Offence

Essentials ingredients of the offence under section 328 are as follows: Accused administered
30
poison --

1) With intention of causing hurt;

2) With knowledge that it is likely to cause hurt; and
3) to facilitate the commission of an offence.

“It is also proved that the accused was responsible in distributing this attack to the arrack shop near

Avneeswaram Railway Station and thereby caused poisoned arrack to be taken by the consumers and in

that way Sreedharan Pillai, who consumed alcohol, died as a result of the poisoning. Therefore, the

accused has been rightly found guilty of offence punishable under sections 272 and 328 IPC

and Sections 55(a) and 55(i) of the Abkari Act.”31

30
Madhukar Danu Patil v State of Maharastra, (1996) Cr. L. J 1062 (Bom).
31
Joseph Kurian vs State Of Kerala, AIR 1995 SC 4; 1994 SCC (6) 535.
8. Causing hurt or grievous hurt to extort confession or compel restoration of property
(Section 330 & 331)

330. Voluntarily causing hurt to extort confession, or to compel restoration of property.—

Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from any
person interested in the sufferer, any confession or any information which may lead to the
detection of an offence or misconduct, or for the purpose of constraining the sufferer or any
person interested in the sufferer to restore or to cause the restoration of any property or
valuable security or to satisfy any claim or demand, or to give information which may lead to
the restoration of any property or valuable security, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine.

 Illustrations

(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a

crime. A is guilty of an offence under this section.

(b) A, a police officer, tortures B to induce him to point out where certain stolen
property is deposited. A is guilty of an offence under this section.

(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of
revenue due from Z. A is guilty of an offence under this section.

(d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty
of an offence under this section.

 CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 7 years

and fine—Cognizable—Bailable—Triable by Magistrate of the first class—
Non-compoundable.
 331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property.—
Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any
person interested in the sufferer any confession or any information which may lead to the detection of
an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the
sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any
claim or demand or to give information which may lead to the restoration of any property or valuable
security, shall be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

Section 330 of Indian Penal Code punishes the public servant in whose custody any person is

tortured while interrogation, investigation with imprisonment of either description for a term which may

extend to seven years and shall also be liable to fine. Torture resulting in grievous injury invites

punishment up to life and which may extend to ten years with fine. While torturing if the person in

custody dies i.e. custodial death32 takes place then in that case the public servant can be sentenced to

death punishment or imprisonment of life not less than ten years of either description also liable to fine.

When a public servant keeps in his custody any person wrongfully to escort confession, evidence relating

32
Section 299 of IPC, Culpable homicide: -- Who ever causes death by doing an act with the intention of causing death, or
with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to
cause death, commits the offence of culpable homicide.
Section 300 of IPC, Murder: -- Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the
death is caused is done with the intention of causing death, or-
2ndly—If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the
person to whom the harm is caused, or
3rdly—If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is
sufficient in the ordinary course of nature to cause death, or
4thly—If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or
such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death
or such injury as aforesaid.
to a case in the stage of investigation shall be punished with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine . In Emperor v Miran Bakhsh,33 A police

head constable and his juniors tortured a suspect in custody to death. The head constable then tampered

with the records and disposed of the body to hide the fact of death. The trial court acquitted them and the

State appealed the acquittal. The Lahore High Court held that though the death was undoubtedly because

of torture, the police officers could not have intended to kill, as they were inebriated at the time. The

High Court concluded that the only intention attributable to them was that of voluntarily causing grievous

hurt. The head constable was convicted under Section 331 of the Indian Penal Code and sentenced to ten

years imprisonment and the junior officer was convicted of abetment of the offence and was sentenced to

five years imprisonment. Conviction under Section 331 of Indian penal code for torture to escort a

promise of restoration of the women that the prisoner was said to have abducted. The trial court found the

accused guilty of committing torture but High Court ruled that the accused were not extorting confession

but were merely seeking a promise and terms of Section 331 of Indian Penal Code were not met. The

purposeless difference between committing torture for seeking a promise and committing torture for

seeking a confession has created a loophole. Section 348 of Indian Penal Code, Any public servant

wrongfully confine any person in his custody to extort confession, or compel restoration of property shall

be punished with imprisonment of either description for a term which may extend to three years, and

shall also be liable to fine.34 In Emperor v Sanjiv Ratnappa,35 court convicted accused policemen under

33
AIR 1917 Lahore 342.
34
Section 348 of IPC, Wrongful confinement to extort confession, or compel restoration of property-Whoever wrongfully
confines any person for the purpose of extorting from the person confined or any person interested in the person confined any
confession or any information which may led to the detection of an offence or misconduct, or for the purpose of constraining
the person confined or any person interested in the person confined to restore or to cause the restoration of any property or
valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property
section 330 and 348 of Indian Penal Code for torturing accused to extort confession. Supreme Court held

that the punishment provided under section 330 is in adequate to repair the loss done to the victim and the

victims of crime should be compensated.36

9. Causing hurt or grievous hurt to deter public servant (Section 332 & 333)

332. Voluntarily causing hurt to deter public servant from his duty.—Whoever
voluntarily causes hurt to any person being a public servant in the discharge of his duty
as such public servant, or with intent to prevent or deter that person or any other public
servant from discharging his duty as such public servant, or in consequence of anything
done or attempted to be done by that person in the lawful discharge of his duty as such
public servant, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.

Section 333-Whoever voluntarily causes grievous hurt to any person being a public
servant in the discharge of his duty as such public servant, or with intent to prevent or
deter that person or any other public servant from discharging his duty as such public
servant, or in consequence of anything done or attempted to be done by that person in
the lawful discharge of his duty as such public servant, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.

9.1 Essential ingredients of the Offence

The essential ingredients of the offence under section 332 and 333 are as follows:

or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
35
(1932) 34 BOM LR 1090.
36
D K Basu v State of West Bengal, AIR 1997 SC 610.
 1) Accused voluntarily caused hurt or grievous hurt to a public servant;
2) It was caused while the public servant was discharging his duty;
3) It was caused to prevent or deter him from discharging his duty as public servant; or such hurt or
grievous hurt was in consequence of it having done or attempted to be done any in the lawfully
discharge of his duty as public servant.

The term public servant is defined under section 21 of Indian Penal Code. This section apply only when

public servant was discharging public duty and it has to be proved that it was intention of the accused to

deter public servant from performing his duty. 37

10. Causing hurt or grievous hurt or provocation (Section 334 & 335)

334. Voluntarily causing hurt on provocation.—Whoever voluntarily causes hurt on grave

and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to
any person other than the person who gave the provocation, shall be punished with
imprisonment of either description for a term which may extend to one month, or with fine
which may extend to five hundred rupees, or with both.

335. Voluntarily causing grievous hurt on provocation.—Whoever 1[voluntarily] causes

grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to
be likely to cause grievous hurt to any person other than the person who gave the
provocation, shall be punished with imprisonment of either description for a term which
may extend to four years, or with fine which may extend to two thousand rupees, or with
both.
Explanation.—The last two sections are subject to the same provisos as Explanation 1,
section 300.

10.1 Essential Ingredients

The essential ingredient of the offence under section 334 and 335 are as follows:

37
See, Allauddin v State, AIR 1968 SC 477; D Chattaiah v State, AIR 1978 SC 1441; Munumiya v State, AIR 1979 SC 1706;
Keso Ram v Delhi Administration, AIR 1974 SC 1158.
 1) The accused voluntarily caused hurt or grievous hurt;
2) It was caused by grave and sudden provocation;
3) The accused neither intended nor did he have knowledge that it was likely to cause hurt or
grievous hurt to any person other than the person who gave the provocation.

If the injury caused is simple hurt then the punishment under section 334 is imprisonment of

either description, which may extend to one month or with fine which may extend to Rs. 500/- or with

both. If the injury caused is grievous hurt then the punishment under section 335 is imprisonment of

either description, which may extend to four years or with fine which may extend to Rs. 2000/- or with

both. It is important to establish that there was provocation and such provocation was grave and sudden.

Test of „grave and sudden provocation‟ is whether a reasonable man belonging to the same society as

the accused would be provoked or not.38

11. Causing hurt or grievous hurt by endangering life or personal safety of others (Section 336,
337 & 338)

336. Act endangering life or personal safety of others.—whoever does any act so rashly or
negligently as to endanger human life or the personal safety of others shall be punished with
imprisonment of either description for a term, which may extend to three months, or with fine,
which may extend to two hundred and fifty rupees, or with both.

337. Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt
to any person by doing any act so rashly or negligently as to endanger human life, or the
personal safety of others, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to five hundred rupees, or
with both.

38
K m Nanavati v State, AIR 1962 SC 605.
 338. Causing grievous hurt by act endangering life or personal safety of others.—
Whoever causes grievous hurt to any person by doing any act so rashly or negligently as
to endanger human life, or the personal safety of others, shall be punished with impris-
onment of either description for a term which may extend to two years, or with fine which
may extend to one thousand rupees, or with both.

If any act done in rash and negligent manner to endanger human life or the personal safety of

others, it will be an offence under section 336. Section 337 and 338 makes the causing of simple hurt and

grievous hurt respectively, an act endangering life or personal safety offences. The essential ingredients

are as follows:

1) The act of the accused must have resulted in simple or grievous hurt;

2) The act must be done in rash and negligent manner;

3) The rashness or negligence must be to the extent of endangering human life or personal

safety of others.

Such an offence is punishable with imprisonment of either description for a term, which may

extend to three months or with fine, which may extend to Rs. 250 or with both. 39

39
Bhalchandra v State of Maharastra, AIR 1968 SC 1319.
12. Summary

To some extent the law, relating to hurt and grievous hurt is very comprehensive and the

punishments are more or less balanced. The Criminal Law Amendment in 2013 is a recommendable

effort of the parliament to make acid attack and attempt to acid attack punishable. Only the Prevention of

Torture Bill introduced by the Minister for Home Affairs in 2010 to make torture a punishable offence

could not be passed. The Statement of Objects and Reasons of the Bill stated that the Bill was being

introduced to ratify the UN Convention against Torture of 1975. India is a signatory of the Convention

but has not enacted a law on torture yet, which would enable India to ratify the Convention. The Bill

defines torture and prescribes conditions under which torture is punishable. The Prevention of Torture

Bill, 2010 seeks to provide for punishment for torture committed by government officials. The Bill
defines torture as “grievous hurt”, or danger to life, limb and health. Complaints against torture have to

be made within six months. The sanction of the appropriate government is required before a court can

entertain a complaint.40

40
http://www.prsindia.org/billtrack/the-prevention-of-torture-bill-2010-1129/ visited on 20.07.16