Whoever voluntarily causes grievous hurt to any person, shall be liable to be punished with an imprisonment for a term which may extend to seven years, and shall also be liable to fine.
This offence is a Cognizable offence and Bailable and it can be tried by any Magistrate.
It is also compoundable with permission of court by the person to whom grievous hurt is caused.
Since the offence under this section is bailable in nature, it is not particularly difficult to get a bail.
Grievous hurt is, hurt that is severe or grave in nature, as the name suggests. The IPC divides hurt caused into two categories –
• Hurt (Section 319)
• grievous hurt (Section 320)
As per Section 320, an injury might be considered as grievous if it is castration, permanent privation of the sight of either of the eye, eternal deprivation of hearing of either of the ear, privation/destruction/permanent impairing of any of the joints, permanent defacement of the head or permanent defacement of the face, breakage or discoloration of bone or tooth, or any hurt which risks life or which causes the sufferer to be during the space of 20 days in unembellished bodily pain, or unable to carry on his regular pursuits.
For the application of this section, intention of the person causing grievous hurt is essential. If the person accused did not have any intention to cause hurt and the same is caused because of an honest mistake, it would not draw criminal charges. Thus, only voluntary causing of grievous hurt will have penal consequences under this section of the Indian Penal Code.