Hurt and its kinds and punishment
1.
Introduction:
Hurt is harm caused to human body other than death. In P.P.C, human body has been divided into various section and keeping in view those various section, fve kinds o hurt have been stated in section 33.P.P.C and a!so provides punishment or hurt In other various provisions.
2. Relevant Provision: "o!!owing are the re!evant provisions o P.P.C. regarding the concerned topic. #ection 33 to 33$ P.P.C.
3. Defnition O Hurt U/Sec 332(I): %whoever causes pain, harm, disease infrmity or in&ury to any person or impairs, disab!e or 'r dismembers any organ o the body or part thereo any person without casing his death, is said to cause hurt.(
. !inds O Hurt U/Sec 332(2): "o!!owing are the kinds o hurt. )i* 1t!a+de )ii* 1t!a -i+ #a!ahiyat+1+dw )iii* #ha&&ah )iv* urh )v* /!! kinds o other hurt
(I) "tla#I#Ud$: "tla#I#Ud$: (i) %itearl &eanin': 0he word 1t!a means to destroy and and dw means !imb !imb or organ. organ.
(ii) &eanin' U/sec 333:
hoever dismembers, amputates severs any !imb or organ o the body o another person is said to cause 1ta+i+udw.
(iii) Punisent U/sec 33 2 hoever by doing any act with the intention o thereby causing hurt to any person or with the know!edge that he is !ike!y to cause hurt to any person causes 1y!a+i+ udw o any person sha!! be punished with2 /. isas in consu!tation with the authori4ed medica! o5cer, that is the court wi!! re6uire the authori4ed medica! to appear as a witness to give opinion, in view princip!es o e6ua!ity.
Illustration: /n o7ender in8icts b!ow with sword resu!ting amputation o one+ ourth o !et orearm. 0he punishment o 6isas wi!! be e9ecutab!e on!y i the authori4ed medica! o5cer an opinion the simi!ar resu!t cou!d possib!e be achieved without any additiona! damage to the o7ender. :. /rsh i the 6isas is not e9ecutab!e and is mandatory upon the court and may a!so be punished with imprisonment either description or a term which may e9tend to ten years / 0/;I< and it is discretionary with the court.
(II) "tla#i#salai*at#"#ud$ : (i) &eanin' U/sec 33+ 2 1t!a -i+ sa!ahiyat+1+udw means destroying or permanent!y impairing the unctioning power or capacity o a person or casing permanent disfgurement o some organ. )ii) Punisent U/sec 33,: 0he punishment or 1ta! -i+#a!ahiyat+1+udw is the same as provided or 1t!a+i+udw is sec 33=.
(III) SH--H: (i) %iteral &aenin': It is an /rabic word which means in&uries on hard or ace.
(ii) &eanin' U/sec 33: /ny hurt on the ace or heard o a person which dose not amount to 1t!a+i+udw or 1t!a+i+sa!ahiyat+i+udw is ca!!ed sha&&ah.
(iii) !inds o Sa00a U/sec 33(2):
"o!!owing are the kinds o sha&&ah a. #ha&&ah+i+>hafah b. #ha&&ah+i+?udihah c. #ha&&ah+i+Hashimah d. #ha&&ah+i+?una66i!ah e. #ha&&ah+i+/mmah . #ha&&ah+i+@amighah
a. Sa00a#i#1afa : It means hurt by any weapon on head or ace without e9posing bone o the victim. Punishment causing it , sha!! be !iab!e to daman , which is mandatory and is to be fnds by court in its discretion and may a!so be punished with imprisonment o either description or a term which may e9tend to two years as 0a4ir. b. Sa00a#i#&udia: It means simp!e hurt by any weapon on head or ace where thought bone is e9posed but on racture is caused.
Punisent U/sec 33#-(ii): 0he person causing it sha!! be punished with 6isas ater consu!tation with the anthori4ed medica! o5cer and i it not e9ecutab!e, the convict sha!! be !iab!e to /rsh which sha!! be fve person o va!ue o @iyat and may a!so be punished with imprisonment o either description or a team which may e9tend to fve years as ta4ir. c. Sa00a#i#asiad It is grievous hurt by any weapon on head or ace, resu!ting in racture o bone o the victim without dis!ocation it.
Punisent U/sec 33#-(iii): 0he person causing it sha!! be !iab!e to /rsh which sha!! be ten percent o the diyat and may a!so be punished with imprisonment o either description or a team which may e9tend to ten years as 0a4ir. d. Sa00a#i#&unaila: It is grevious hurt by any weapon on head or ace, resu!ting in racture and dis!ocation o bone o victim.
Punisent U/sec 33#-(iv): 0he person causing it sha!! be !iab!e or arsh which sha!! be 1AB o the diyat and may a!so be punished with imprisonment o either description or a term which may e9terto ten years as 0a4ir. e. Sa00a#i#-a: It is grevious hurt by any weapon causing racture o the sha!! o the victim, where the wound touches the membrane o the brain.
Punisent U/sec 33#-(v): 0he person causing is sha!! be !iab!e to /rsh which sha!! be one+ha! o the diyat and may a!so be punished with imprisonment o either description or a team which may e9tend to ourteen years as ta4ir.
(I) ur: %iteral &eanin': 0he word &urh is derived orm the word arroh which means in&ury.
&eanin' U/sec 33#4("): urh means in&ury on any part o the body o a person, other than the head or ace, which !eaves a mark o the, wound whether temporary or permanent.
!inds o ur U/sec 33#4(2): )i* aiah )ii* hayr+aiah
aiaU/sec 33#52 hoever causes &urh in which the in&ury e9tends to the cavity o the trunk, is said to cause &aiah.
5ase %a$ PD@ 1EEF D/H F= :ody cavity means a part o body under which vita! organs are !ocated and i an in&ury penetrates into the body cavity and then e9ters the pert o the body where in vita! organ are !ocated, !one!y then that can be treated as aiah and punishment can be awarded according!y.
Punisent or aia U/sec 33#D:
0he person causing it, with the intention or know!edge o hurt to a hurt to a person, sha!! be !iab!e to arsh which sha!! be one+third o the diyat and may a!so be punished with imprisonment o either description or a term which may e9tend to ten years as ta4ir.
!inds o 5a*r# aia 2 "o!!owing are the kinds o hayr+&aiah. 1. @amiyah2 It is in&ury in which the skin is rupturd and b!essing occurs. . :adiyah2 It is a in&ury by cutting or incising the 8esh without e9posing the bone. 3. ?uta!ahima2 It is a in&ury by !acerating the 8esh. =. ?udihah2 It is in&ury be e9posing the bone. A. ?uana66i!ah2 It is a in&ury by racturing and dis!ocation the bone.
Punisent o 6a*r#ai u/sec 33#7: I a person with the intention or know!edge o causing hurt causes any o hyr+&aiah in&uries sha!! be punished as under.
Punisent or Dai*a: He sha!! be !ib!e to daman and may a!so be punished with imprisonment o either description or a term which may e9tend to one year as ta4ir.
8unisent or 4adia and &utalaia: He sha!! be !iab!e to daman and may a!so be punished with imprisonment o either description or a term which may e9tend to there years as ta4ir.
8unisent or &udia and Hasia: He sha!! be !iab!e to daman and may a!so be punished with imprisonment o either description or a term which may e9tend to fve years as ta4ir.
Punisent or &unaila:
He sha!! be !iab!e to daman and may a!so be punished with imprisonment o either description or a term which may e9tend to seven as ta4ir.
Oter Hurt: / hurt which is not covered by any o the our c!auses give above, and which endangers !ie or causes the su7erer to remain server bodi!y pain or G day or more or render him unab!e to o!!ow the ordinary pursuits or G days or more, is covered by daman and may be imprisoned up to seven years, and i it is not o kind mentioned here beore the punishment sha!! be imprisonment which may e9tend to two years or with daman or both.
5O95%UIO9: 0o conc!ude, I can say, that the punishments o hurt has been provided by ordinance in accordance with the in&unction o Is!am and each o7ence is described e9p!icit!y and the punishment o /rs@amann has been made as substantive o7ence.
