Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
In some cases, courts have distinguished between simple hurt and grievous hurt based on the injury's severity and consequences, such as permanent disfigurement from a tooth injury being classified as grievous hurt ["SANJAY V.P. @ SANJU vs STATE OF KERALA - Kerala"].
Analysis and Conclusion:
References:- ["SANJAY V.P. @ SANJU vs STATE OF KERALA - Kerala"]- ["Bir Singh VS State of Punjab - Punjab and Haryana"]- ["United India Insurance Co. Ltd. VS Thomas - Kerala"]- ["Paramjeet Singh VS State of Rajasthan - Rajasthan"]- ["Hemchand vs The State Of Madhya Pradesh - Madhya Pradesh"]- ["Rakesh Kumar Thakur vs The State Of Chhattisgarh - Chhattisgarh"]
Imagine a heated altercation where a punch lands on someone's face, leaving a tooth shaken and loose. Is this mere simple hurt, or does it escalate to the serious category of grievous hurt? Many individuals facing assault charges or victims seeking justice wonder: whether shaken tooth comes under the purview of grievous hurt.
In this post, we delve into Indian Penal Code (IPC) provisions, medical perspectives, and judicial interpretations to clarify this issue. While this provides general insights based on legal precedents, it is not legal advice—consult a qualified lawyer for your specific case.
Section 320 of the IPC defines grievous hurt with eight specific clauses, emphasizing injuries that go beyond simple hurt. Key among them is the seventh clause: Fracture or dislocation of a bone or tooth. [
#GrievousHurt, #IPC320, #LegalIndia
Even though it was a grevious hurt sustained by the de facto complainant by loosing his tooth, there are no other serious corresponding injuries. ... prosecution case is that on 22.02.2019 the petitioner had wrongfully restrained the de facto complainant, abused him and hit him on his face with a brick, resulting in loosing his tooth
Permanent disfiguration of the head or face is designated as a grevious hurt under the said provision. The learned Magistrate rather applied clause eightly to conclude that grevious hurt had been caused to the victim. ... 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 is also designated as grevious hurt. ... The appellate Court did but confused this indep....
However, none of the injuries found by the doctor (PW-4) comes within the purview of definition of grievous hurt contained in Section 320 IPC. It was also revealed from the cross-examination of the doctor that he was not sure whether any fracture or permanent disfiguration was caused. ... (Seventhly) —Fracture or dislocation of a bone or tooth. ... Unless the hurt comes within the definition of Section 320 IPC, conviction cannot be recorded u/s 326 IPC merely on the assumption or prob....
The bare reading of the above provision indicates that grevious hurt is one which falls under the Clauses to Section 320 of the Indian Penal Code and a person who voluntarily causes grievous hurt with weapons, as stated, shall be punished as prescribed. ... hurt. ... ... Seventhly - Fracture or dislocation of a bone or tooth. ... Eigthly - 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 ord....
The learned Tribunal after comparing the provisions contained under S.142 of the Motor Vehicles Act and S.320 of the IPC came to the conclusion that though loss of a tooth would easily fall under the definition of grevious hurt under S.320 IPC (Cl. 7) in the absence of a stipulation similar to clause ... The Tribunal then observed that loss of one tooth would completely change the appearance of the petitioner and comes to the conclusion that the petitioner in this case has suffered permanent disfigurati....
Thus, the question if the accused attempted to commit murder by causing hurt or intended to cause simple hurt must be determined by the nature of the act actually committed and from the surrounding circumstances. ... In the present case as has been observed above, there are multiple fire arm injuries simple as well as grevious in nature. ... ... (5) Lacerated wound of the gum left side upper incisor tooth absent,. 5cmx. 5 cm. lacerated wound with bleeding present. , 2nd upper incisor left side was slightly movable. ... ....
Grievous hurt. ... within the purview of the definition of (Seventhly) A glance of seventh ingredient of section 320 of the IPC makes it clear that fracture or dis-location of a bone comes
Therefore, it can be said that simple hurt was also caused by accused appellant and not the grevious hurt, as held earlier. ... (38). ... ... (2) The accused used a deadly weapon; or caused grevious hurt; or attempted to cause death or grevious hurt; ... (3) He did the above Acts during the commission of robbery or dacoity. ... (28). ... That in doing so the accused or some other person so concerned caused hurt. ... 3. That the hurt#HL_END....
Therefore, it can be said that simple hurt was also caused by accused-appellant and not the grevious hurt, as held earlier. ... 30. ... ... .(2) Theaccused used a deadly weapon; or caused grevious hurt; or attempted to cause death or grevious hurt; ... .(3) He did the above acts during the commission of robbery or dacoity. ... 120. ... That in doing so the accused or some other person so concerned caused hurt. ... 3. That the hurt#HL_E....
Therefore, it can be said that simple hurt was also caused by accused-appellant and not the grevious hurt, as held earlier. ... ... ( 19 ) THE ingredients of Section 397, IPC are as follows :- (1) Commission of robbery or dacoity. (2) The accused used a deadly weapon; or caused grevious hurt; or attempted to cause death or grevious hurt; (3) He did the above acts during ... That both accused Paramjeet Singh and Siraj Ali committed the robbery of the Taxi of PW3 Ved P....
Fracture or dislocation of a bone or tooth can be definitely coming under the ambit of grievous hurt as per Section 320 of IPC. Further more as per Section 320 of IPC if fracture or other injuries stated in the said Section 320 of IPC it can be said that it is grievous hurt. Therefore, if it is to be held sustaining grievous hurt by the victim to attract Section 326 of IPC then the fact of grievous hurt must be proved by placing cogent evidences.
Therefore we find that the proper section attracted will be section 325 IPC and not 323 IPC. Dislocation of tooth which comes under clause “seventhly” under section 320 IPC is “grievous hurt”. Since, we find that the conviction of the appellant under section 323 IPC is unsustainable, we set aside the same and instead, convict the appellant under section 325 IPC, and sentence him to undergo rigorous imprisonment for six months for that offence.
Rather he died more than one moth after his discharge for septicemia. For all these, this Court opines that the present case does not come under the purview of grievous hurt by a deadly weapon, but it comes under the purview of hurt. Therefore, this Court alters the conviction from one under section 326, IPC to that under section 324, IPC and sentences the appellant to undergo imprisonment already undergone and pay a fine of Rs. 10,000/- (ten thousand) in default to undergo R.I. for one year.
In case, a grievous injury is caused either by a blunt or a sharp edged weapon, then the case will be covered under Section 326, IPC. According to Section 320, the fracture of a tooth comes under the definition of "grievous injury". Therefore, according to him, the ingredient of Section 326, IPC is clearly made out. .5. We have heard the learned Counsel for the parties and have perused the impugned order.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
