Indian Kanoon - IPC Section 320 grievous hurt - आईपीसी धारा 320 चोट लगाना - LawRato скачать в хорошем качестве

Indian Kanoon - IPC Section 320 grievous hurt - आईपीसी धारा 320 चोट लगाना - LawRato

http://lawrato.com is an interactive online platform that makes it faster and easier to find and hire the best Lawyers in any city/court in India. IPC Section 320 deals with grievous hurt. This section designates certain kinds of hurt as grievous hurt. It says that the following kinds of hurt are designated as grievous: • Emasculation, • Permanent privation of the sight of any of the eyes, • Permanent privation of the hearing of any of the ears, • Privation of any member or joint, • Destroying or permanently impairing the powers of any member or joint, • Permanently disfiguring the head or face, • Fracture or dislocation of a bone or tooth, and • Any hurt which either endangers life or which causes the victim to be in severe bodily pain during the space of twenty days, or unable to follow his ordinary pursuits. Though the task of designating grievous hurts was not an easy one, the authors of the Code tried their best and they took a considerable time to come to a reasonable conclusion while designating the eight specific instances under this section. To make out the offence of causing grievous hurt, there must be a specific hurt, coming within any of the eight kinds enumerated in this section. A simple hurt cannot be designated as grievous simply because it was on a vital part of the body, unless the dimensions or the nature of the injury or its effects are such that (in the opinion of the doctor) it actually endangers life.6 Where injury was caused on the abdomen with a sharp edged weapon and the doctor had stated that the injury had penetrated the abdominal cavity but had not involved any vital organs/ important structures, but had just touched the stomach, it was held that the accused had caused only simple hurt.7 Similarly, cutting of a tendon or a muscle does not make the injury fall under purview of any clauses of S 320 IPC. Section 320 of the Indian penal Code defines grievous hurt and gives an exhaustive list of all injuries which fall in this category. The interpretations by the learned courts have always been dynamic, in tune with the times. Where the findings by the doctors and the laboratories are unambiguous, the courts do not hesitate in pronouncing judgments based on these scientific facts. However, in those cases, where the reports are inconclusive, the Hon’ble Courts form their own opinions based on the facts of the case, taking in to consideration all the aspects of the case, as well as the newer concepts and treatment techniques. It would be better for the doctors to stick to the scientific facts of the case while opining about the nature of the said injuries and leave it to the Hon’ble Courts to form their opinion based on a holistic view of the case. Finally, it should always be borne in mind that the doctor’s opinion as to the nature of the injury, whether simple or grievous, is to guide the investigative agencies only and the final decision rests with the Hon’ble Courts. Advocate Jaspreet Singh Rai can be consulted for further information at https://goo.gl/unVQKp or by calling at +91-9599000555