What is hurt? Explain the circumstances under which hurt becomes grievous hurt.

  What is hurt? Explain the circumstances under which hurt becomes grievous hurt. 

Sec 319 -  cause body pain disease or infirmity to any person is said to cause hurt.

Sec 320 -  grievous hurt -  The following kinds of hurt  only a designated as  grievous 

• Emasculation.

• Permanent privation of the hearing of either  ears.

•  permanent prevention of the sight of either eye.

•  destruction or permanent impairing of the powers of any member or joint.

•  permanent this preparation of the head or face.

•  fracture dislocation of a bone or tooth.

•  any hurt which endangers life for which causes the sufferer to be  during the space of 20 days in severe  bodily pain, or unable to the following his ordinary Pursuits.

Sec 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, is said voluntarily to cause hurt.

Sec  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 his  grievous hurt,  is   said  voluntarily to cause hurt.

Explanation -  a person is not that voluntary to cause previous heart expect when he both causes grievous hurt and intends to know himself to be likely to cause grievous hurt. but he is said voluntarily to cause grievous hurt ,it intending on knowing himself to be likely to cause previous sort of one kind, actually causes grievous hurt.

Example - A  intending on knowing himself to be likely permanently to disfigure Z’s  face gives Z  a blow which does not permanently disfigure Z’s Face but which causes Z  to suffer  severe bodily pain for the space of 20 days A has voluntarily caused grievous hurt.

Sec  323 -  Punishment for voluntarily causing hurt

Except in the case provided for the section 334 voluntarily causes heart shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to 1000 rupees or with both.

Explanations -  Where conviction of accused is altered from under section 307 to Section 324 IPC.  then the sentence of imprisonment is reduced to a period already undergone as an underground as and under trial and as Convict.   rohats v/s state of Uttar Pradesh

during 22 years of proceedings the accused were already in custody for a long period taken together this offence was of causing minor injuries deceased Victim not caused by accuses sentence of period already undergone in jail is sufficient punishment , Ramharakh v/s  state of Uttar Pradesh

Sec  325 -  Punishment for voluntarily causing grievous hurt -   whoever except case provided for by section 335  voluntarily causing grievous hurt shall be punished with imprisonment if either description for a term which may extend 7 years and shall also be liable to fine

Explanation - the act of squeezing the testicles of a person would be an offence of causing grievous hurt  state of Karnataka v/s  shivalingaiah. 

Sec 326 - Voluntarily causing grievous hurt by dangerous weapon 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, by means of an 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 any means of substance which is deleterious to human body to inhale to swallow or to receive into the blood or by means of any animal shall be punished with or with imprisonment of either description for a term which may extend to ten years and  shall also be liable to fine.

Set 328 - Causing hurt by means of poison extra with intent to commit an offence -  

Who administered to or causes to be taken by any person any poison any stupefying intoxicating or  unwholesome drug or other thing with intent to cause hurt to such person,  for 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 10 years and shall also be liable to fine.

 Sec  329  Voluntarily causing grievous hurt to extort property or to constraint to an illegal act.

 Whoever voluntarily causes grievous hurt for the purpose of extracting from  any person interested in  in the  Sufferer   of from any person interested in the suffer any property or valuable security or of constraining the sufferer for any person interested in such sufferer to do anything that is  illegal which made facilitate the commission of offence shall be punished with  imprisonment of either description for a term  which may extend to ten years and shall be liable to fine.

Sec 330 - Voluntarily causing hurt to  extort confession or to  compel Restoration of property - 

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

Example -  

1. A , a police officer torches Z in order to include Z to confessed that he committed a crime.  A guilty of an offence under this section.

2. A,  police officer  torches B  to include him to point out where certain stolen property is deposited. A  is guilty of an offence under the section.

3. A ,  zamindar , tortures a raiyat in order to comply to pay his rent. A is guilty of an offence under this section. 

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

Sec 331 -  causing grievous hurt to extort confession  or to compel Restoration of property-

 whoever voluntarily causes grievous hurt for the purpose of  extorting from the Sephora or from any person interested in the sufferer any confession for any information which may lead to the detection of an offence for misconduct for for the purpose of constraining the sufferer for any property or valuable security or to satisfy any claim or demand or to give information which may lead to the installation of any property or valuable security shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.

Sec 332 voluntarily causing hurt to  deter public servant from his duty -

Whoever voluntarily causes  hurt to any person being a public servant  or with intent to prevent deter that person or any other public as such a public servant from discharging his duty as such public servant  in consequence of anything done or attempted to be done by that person in the law field discharge of his duty as 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.

Sec 333 -  voluntarily causing grievous hurt to deter public servant from his duty

 whoever voluntarily causes  grievous hurt  to any person being a public servant in the discharge of Duty  as such public servant  for 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 law for discharge of his duty as such public servant shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.

 Sec 334 -  voluntarily causing hurt on  provocation

Whoever voluntarily caused hurt on grave and sudden provocation if he neither  intends  or 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 500 rupees or with both.

Sec 335 - Voluntarily causing grievous hurt on provocation

 

Theories of Punishment.

 Theories of Punishment.

Punishment is a process, by which the state inflicts some pain to the person or property of a person who is found guilty of a crime . In other words, punishment is the suffering in person or property inflicted on the offender under the sanction of law. the principal object of punishment is the prevention of offence.

• Deterrent theory.

• Retributive  theory.

• Reformative theory.

• Expiatory theory.

Deterrent theory

    The term the term means abstain from doing an act. this theory states that punishment is a warning to others. the main objective of punishment according to this theory is to prevent crimes. it serves as a warning to the offender not to repeat the crying in future but to all other  Evil minded persons to abstain from committing such act.

 Retributive theory.

The word retributive means to give in return , the term   retributive Denotes repairing or punishing suitability. this theory is based on the idea of taking revenge against the wrongdoer. the basic assumption on the idea of this theory is evil should be returned Evil. this is to say eye for an eye,  tooth for tooth,   Limb for a limb,  the idea behind this theory is to make the offender realise the suffering or pain.

Preventive theory

This theory is also known as theory of disablement,  This theory envisages to prevent the criminal from committing crimes by keeping him away so that the society is free from the incidences of crime. the aim of this theory is to disable the criminal. in order to prevent repetition of crimes, the offenders are punished.

 Reformative theory.

The objective of this theory is to Reform the criminals. no one is a criminal by birth. and criminal is a product of its social economic and environmental conditions. criminal is a mental disease caused by different Anti Social elements, the mental cure of criminals rather than awarding punishment will serve the purpose. if the criminals are educated and trained they can be made competent to have well in society.

Expiatory theory.

The word expiate means to  it complete Atonement for,  to make satisfaction or Repents,  reparation for. if the offender expects or repents he must be forgiven.

 Kinds of punishment under Indian Penal Code

 sect 53 of Indian penal code 1860  prescribes 5 kind of punishments as follows.

•  Death penalty.

•  Imprisonment for life.

•  Imprisonment.

 a) Rigorous.

 b)  Simple.

•  Forfeiture of property.

•  Fine.

 Death penalty or capital punishment.

Tt is the most serious nature of punishment. it is awarded in India in certain exceptional cases. some countries abolish it will stop the law confers on the judge wide discretionary power in the matter of passing the sentence. in section 303 e was struck down as unconstitutional by the supreme court in in   Mithu  v/s u/sec 303  of IPC the judge has no  Sach discretionary power to award death sentence. Alternative  I can give imprisonment for life.

cases in which death sentences can be awarded

•  waging war against Government of India section 121

• Abetting mutiny section 132

•  giving of fabricating false evidence upon which an innocent person supposed that section 194

•  Murder Section 302

• Abatement of  suicide of minor or insane already intoxicated person section 305

•  dacoity accompanied with murder section 396

 Imprisonment for life.

    It means imprisonment for the remaining period of life. but it is not so in practice in India it is 14 years and 20 years under section 57 IPC.  however the life Convict is not entitled to automatic release of completion of 14 years imprisonment and less the government passes an order reminding the balance office sentence.

Imprisonment.

     It means confinement or total deprivation of a  personal liberty. it has two kinds namely 

1.  Simple -  in simple imprisonment the convicted person is not put to any kind of work or labour.

2.  Rigorous -  in rigorous imprisonment the convicted person is put to hard labour such as during the cutting good mining etc. . Ex -  Bombay blast case.

Forfeiture of property.

    It means taking away the property of the Criminal by the state it relates to offence under section

•  sec 126 :  committing  Depredation on territories of power at peace with the Government of India. 

•  sec 127 :  receiving property taken by war for Depredation.

 Fine

 It means for future of the offenders money find maybe solar punishment of alternative or it may be additional to the imprisonment.

Distinction between Tort and crime

 Distinction between Tort and crime

  The real distinction between a tort and a crime lies in in the method in which the remedy for the wrong is pursued. Tort  differs from crime both in principle and procedure.

 Every tortious act does not amount to crime, nor does every crime include a tort

1.  Tort  is a private  wrong.

 crime is a public wrong.

2.  Tort is an infringement of the Civil right which belongs to individuals. 

 crime is breach and violation of the public rights and duties.

3.  A tort is a species of a Civil wrong,  it gives rise to civil proceedings.

 crimes are those which result in punishment of the criminal.

4.  In tort plaintiff is the injured party.

 In crime the victim is the injured party.

5.  In tort, the wrongdoer is liable to pay compensation to the  injured.

 In crime, wrongdoers are generally punished and sometimes fine imposed.

 In tort compensation will be paid to the injured party.

6.  In crime amount collected by we have fine or penalty is not paid to the victim.Fine amount is  credited to the state account.

7.  In tort, the Purpose  purpose of awarding compensation to the injured is to make good the loss suffered by him.

In crime the purpose is to protect the society by preventing  the offender from committing further offences.

8.  In tort the nature of punishment is lighter  that too in the shape of awarding damages.

 In crime the nature of punishment is heavy and serious in the shape of  imprisonment.

9.  In tort mens rea has no place.

 In crime mens rea plays an important factor.

10.  In tort, the burden of proof lies on the complainant /   injured.

 In crime the burden of proof lies on the state , the injured person becomes  witness only. 

11.  In tort, intention is not an important factor.

12.  In crime, intention plays an important factor.