A
grievous injury
The 8th clause of Indian Penal Code 320 defines such hurts, which cause the victim to be in severe bodily pain for a period of 20 days as
The 8th clause of Indian Penal Code 320 defines such hurts, which cause the victim to be in severe bodily pain for a period of 20 days as
- Any hurt
which prevents the victim from following his ordinary pursuits for a
period of 20 days
- Ordinary
pursuits means the patient is not able to go to the toilet, to brush the
mouth, bathe, cannot eat himself, cannot walk and to carry on such daily
pursuits require mandatory help of other person for 20 days
- The length
of time during which an injured person is in pain, disease or is not able
to pursue his ordinary daily routine work must be meticulously and
satisfactorily observed by the doctor himself before certifying the injury
as a grievous injury.
- It is
employed not only in cases where violence has been used but also in cases
where hurt has been caused without any assault, e.g., by administration of
drugs, the digging of pitfalls. The setting of traps etc. the extent of
hurt and the intention of the offender are considered for giving
punishment.
- It is
difficult for a doctor to prove that an injured person was in severe
bodily pain for 20 days but it is easier to prove that he was unable to
follow his ordinary profession/pursuits due to the hurt.
- A mere
stay of 20 days in the hospital doesn’t make an injury grievous unless the
person was in severe bodily pain or unable to follow his ordinary pursuits
for a period of 20 days. Certifying doctor must rule out and document the
feigned illness in medicolegal report.
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