Hurt and Grievous Hurt: Key Differences

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In Indian criminal law, the distinction between 'Hurt' and 'Grievous Hurt' is pivotal. While both terms pertain to bodily injuries, they represent distinct degrees of harm and have significant differences in terms of their legal definitions, mens rea (mental state), punishments, and types of injuries. To ensure that justice is preserved, criminal law defines different punishments on the grounds of the seriousness of the offence. Hurt and grievous hurt are defined under the Indian Penal Code (IPC), Section 319 and Section 320, which serves as the cornerstone for criminal jurisprudence in India. In December last year, the Ministry of Home Affairs introduced three new criminal laws to enhance the judicial system. Among those three laws, Bharatiya Nyaya Sanhita, 2023 was introduced to replace the IPC, 1860; which will soon be enforced by the Indian criminal justice system. Therefore, the current article will discuss important provisions related to hurt and grievous hurt under the Bharatiya Nyaya Sanhita (BNS), 2023, and highlight major differences between them.   

Hurt

Pain that is experienced by the body as a result of actual physical contact caused by an aggressive attack is referred to be hurt. It includes minor injuries such as scratches or bruises. Under Section 112 of the Bharatiya Nyaya Sanhita, 2023, ‘hurt’ is defined as “Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.” There are three important elements of hurt:

• Body Pain
• Illness or Disease
• Infirmity to another

If a person does any act with the intention of causing hurt to any person or with the knowledge that he is likely to cause hurt to any person and does cause hurt to any person then the person is said ‘voluntarily to cause hurt’. 

Grievous Hurt

Grievous hurt is a more severe form of injury and typically includes injuries that cause severe physical or mental pain, endanger life, or result in permanent disfigurement or disability. The Indian Penal Code, 1860, illustrated certain types of hurts as grievous hurt because it was difficult to distinguish between physical hurts that could be addressed as severe and moderate. Section 320 of IPC or Section 114 of the BNS highlighted different kinds of hurt that can only be designated as ‘grievous hurt’, these include:  

• “Emasculation.
• Permanent privation of the sight of either eye.
• Permanent privation of the hearing of either ear.
• Privation of any member or joint.
• Destruction or permanent impairing of the powers of any member or joint.
• Permanent disfiguration of the head or face.
• Fracture or dislocation of a bone or tooth.
• Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.”

According to Section 115(1) of the BNS, 2023, “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 is grievous hurt, is said voluntarily to cause grievous hurt.” 

Other provisions related to Hurt and Grievous hurt under the BNS, 2023

• Section 116: This Section penalizes the offence of voluntarily causing hurt or grievous hurt by dangerous weapons or means. The hurt could be caused by means of any instrument for stabbing, cutting, or shooting, 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 means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal. 
• Section 117: It penalizes the offence of voluntarily causing hurt or grievous to extort “from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence.”
• Section 118: This Section of the BNS deals with the offence of voluntarily causing hurt or grievous hurt to extort “from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security.”
• Section 119: It deals with ‘Voluntarily causing hurt or grievous hurt to deter public servant from his duty’. 
• Section 120: This section penalizes the offence of voluntarily causing hurt or grievous hurt on grave and sudden provocation. Herein, the person neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave provocation. 
• Section 121: It is another important provision under BNS that penalizes the offence of causing hurt by means of poison or any stupefying, intoxicating, or unwholesome drug, with intent to commit an offence.
• Section 122: This Section deals with the offence of voluntarily causing hurt or grievous hurt by the use of acid, etc. 
• Section 123: This provision under the Bharatiya Nyaya Sanhita, 2023, deals with the Act endangering the life or personal safety of others. 

Key Differences between Hurt and Grievous Hurt

Provision under BNS

• Hurt: Defined under Section 112 of the Bharatiya Nyaya Sanhita, 2023.
• Grievous Hurt: Defined under Section 114 of the Bharatiya Nyaya Sanhita, 2023.

Mens Rea

• Hurt: Intentional or unintentional.
• Grievous Hurt: To cause grievous hurt there must be an intention to do so or knowledge that the act is likely to cause grievous hurt. 

Type of injury caused to the victim

• Hurt: Injuries caused are generally bodily pain, illness, or infirmity. 
• Grievous Hurt: Injuries caused are severe resulting in permanent or long-term consequences which may include harm to the essential organs of the body such as the eye, ear, joints, etc. 

Severity of the Injury

• Hurt: It is not life-threatening; therefore, it is not as serious as grievous hurt.
• Grievous Hurt: It is life-threatening; therefore, it is a serious offence that results in long-term or permanent consequences for the victim. The injuries may include loss of hearing, sight, or a limb.

Bailable/Non-bailable

• Hurt: It is a non-cognizable and bailable offence.
• Grievous Hurt: It is a cognizable and bailable offence.

Punishment

• Hurt: According to Section 113(2) of the BNS, 2023, whoever voluntarily causes hurt (except the circumstances defined under Section 120(1)) should be imprisoned for a term that may extend to 1 year or with a fine extending to 10,000 rupees or both. 
• Grievous Hurt: As per Section 115(2) of the BNS, 2023, whoever voluntarily causes grievous hurt should be imprisoned for a term that may extend to 7 years and a fine. The punishment for grievous hurt varies as per the severity or seriousness of the offence. If a person voluntarily causes grievous hurt and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.” On the other hand, if grievous hurt of a person is caused by a group of five or more than 5 persons on the ground of a person’s race, caste, sex, place of birth, language, personal belief, etc. then each member of such group should be guilty of the offence of causing grievous hurt and should be punished with imprisonment for a term which may extend to 7 years, and should also be liable to fine.

Important Case Laws

• P. N. Krishna Lal vs. Government of Kerala (November 17, 1994)
• Mathai vs. State of Kerala (January 12, 2005)
• Prabhu vs. State of Madhya Pradesh (December 03, 2008)
• P. B. Desai vs. State of Maharashtra (September 13, 2013)
• Richhpal Singh Meena vs. Ghasi @ Ghisa & Ors. (July 04, 2014)