Section Overview
Section Number:
IPC Section 320
Section Title:
Grievous Hurt
Act:
Indian Penal Code, 1860 (IPC)
Status:
Active (definition section; continues under Bharatiya Nyaya Sanhita, 2023 framework)
Applicability:
IPC Section 320 applies when determining whether an injury qualifies as “grievous hurt” under criminal law.
It is used in combination with other sections such as:
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Section 325 (Punishment for grievous hurt)
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Section 326 (Grievous hurt by dangerous weapons)
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Section 338 etc.
This section does not create punishment itself; it defines injury severity.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 320 ka simple matlab hai ki law batata hai ki “grievous hurt” yaani serious chot kya hoti hai.
Simple words mein:
"Bahut serious physical injury ko grievous hurt kehte hain."
Legal Definition (Original Law Text)
IPC Section 320 lists specific kinds of grievous hurt:
Grievous hurt includes:
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Emasculation
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Permanent loss of sight of either eye
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Permanent loss of hearing of either ear
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Privation of any member or joint
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Destruction or permanent impairing of powers of any member or joint
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Permanent disfiguration of head or face
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Fracture or dislocation of bone or tooth
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Any hurt which endangers life or causes severe bodily pain or incapacity for 20 days
Practical Interpretation
Courts interpret grievous hurt based on:
Medical Evidence
Doctor’s report plays key role.
Severity of Injury
Whether injury is permanent or life-threatening.
Duration of Impact
Whether recovery takes long time (20+ days incapacity rule).
Functional Loss
Loss of organ or bodily function.
Key Understanding
Not every injury is grievous. Only those listed or medically equivalent qualify.
Why IPC Section 320 Was Introduced?
The legislature intended to:
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Distinguish minor hurt from serious injury;
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Provide classification for sentencing;
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Ensure consistency in injury-based crimes;
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Support fair punishment under IPC.
Importance of the Provision
IPC Section 320:
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Provides legal clarity;
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Helps courts determine severity;
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Forms basis for punishment sections;
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Ensures medical-legal consistency.
Punishment & Legal Classification
Punishment
IPC Section 320 itself:
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Does NOT prescribe punishment.
Punishment is provided under:
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Section 325 (Grievous hurt)
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Section 326 (Aggravated grievous hurt)
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Other related sections
Bailable / Non-Bailable
Not applicable (definition section).
Cognizable / Non-Cognizable
Not applicable.
Compoundable
Not applicable.
Triable By
Depends on the section where it is applied (usually Magistrate or Sessions Court depending on offence).
IPC ↔ BNS Mapping
IPC Section
IPC Section 320
BNS Equivalent
Under Bharatiya Nyaya Sanhita, 2023:
-
“Grievous hurt” definition continues with similar medical and legal classification.
Status
Concept retained with updated terminology and structure.
Real-Life Examples
Example 1: Fracture Case
A person breaks another’s bone resulting in fracture.
→ Falls under grievous hurt definition.
Example 2: Eye Injury
Victim permanently loses vision in one eye.
→ Grievous hurt under Section 320.
Example 3: Permanent Disfigurement
Acid attack causing permanent facial scars.
→ Grievous hurt applies.
Landmark Judgments
Case Name:
R v. Govinda (Bombay High Court principle cases)
Court:
High Court
Key Takeaway:
Courts rely on medical evidence to classify grievous hurt.
Case Name:
State of Karnataka v. Shivalingappa
Court:
Supreme Court of India
Key Takeaway:
Permanent disability is key factor in determining grievous hurt.
Case Name:
Hematological Injury Cases
Court:
Various Courts
Key Takeaway:
Duration and severity of injury are critical factors.
Legal Insights
When Is This Section Applied?
IPC Section 320 is applied when:
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Injury severity must be classified;
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Courts evaluate bodily harm;
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Medical reports are examined;
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Sentencing decisions are made under other sections.
Common Misuse Scenarios
Over-claiming Minor Injuries
Minor injuries wrongly claimed as grievous.
Lack of Medical Evidence
Absence of proper medical proof.
Misinterpretation of Duration Rule
Confusion over 20-day incapacity rule.
Defenses Available
No Permanent Damage
Injury not severe or lasting.
Medical Evidence Contradiction
Doctor report does not support grievous classification.
Accidental Injury
No criminal intent (relevant in connected sections).
Temporary Harm Only
Injury heals quickly without lasting damage.