Meaning and Definition of Hurt
Under criminal law, “hurt” refers to causing bodily pain, disease, or infirmity to another person. This definition is clearly provided in Section 319 of the Indian Penal Code (IPC). The essence of hurt lies in the infliction of any physical suffering, regardless of how minor it may be. Even a small injury, such as a bruise or temporary pain, is sufficient to constitute hurt under the law. The act must be done voluntarily, and intention or knowledge of causing pain is an important element. Therefore, harm need not be serious or long-lasting—any interference with a person’s physical comfort is enough for the offence of hurt.
Legal Provisions and Punishment
The punishment for causing hurt is outlined in Section 323 IPC, which prescribes imprisonment up to one year, or fine up to ₹1,000, or both. The law distinguishes hurt from grievous hurt, with the latter involving more serious injuries defined under Section 320 IPC. For hurt, the threshold is lower, focusing on immediate pain or discomfort. Courts assess factors such as the nature of the injury, intention of the accused, and circumstances of the incident. If hurt is caused by dangerous weapons or means, the offence becomes more severe and is covered under Section 324 IPC, inviting harsher penalties.
Judicial Perspective and Importance
Courts consider hurt as an important offence because it protects individuals from physical harm and maintains public order. Even minor injuries can escalate disputes, so the law aims to prevent violence at early stages. Judicial interpretation emphasizes that hurt can be caused by any physical act—slapping, punching, pushing, or even a forceful touch—if it results in bodily pain. The law ensures that individuals cannot escape liability simply by arguing that the injury was minor or temporary. By criminalizing even minimal physical harm, the IPC reinforces personal security and discourages acts of violence in society.
Real-Time Example
A man slaps another during a heated argument at a market. The victim experiences pain and mild swelling on his cheek. Although the injury is not serious, the act clearly caused bodily pain. The police register a case under Section 323 IPC, as the offender voluntarily caused hurt. The case does not fall under grievous hurt since there is no fracture, long-term injury, or permanent damage.
Mnemonic to Remember
Mnemonic: “P-P-P: Pain, Punishment, Protection.”
- Pain – Any bodily pain qualifies as hurt (Sec. 319)
- Punishment – Up to 1 year or fine (Sec. 323)
- Protection – Law protects individuals from even minor physical harm
This mnemonic helps recall the meaning and key sections related to hurt under IPC.
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