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BBA LLB   31 January 2021

Academic query

What is the difference between cruelty and grievous hurt under Indian Penal Code (IPC)? Can a woman sue her in-laws for grievous hurt which filing a suit for cruelty as well?



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 3 Replies

Kevin Moses Paul   01 February 2021

Section 322 of the Indian Penal Code (IPC), 1860 deals with Voluntarily Causing Grievous Hurt.
The section further states that - 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.

For the purpose of this section it is understood with the help of an explanation i.e. a person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.

However,. cruelty is something else and is illustrated in Sections 498(A) of IPC. This section deals with activities in which the husband or relative of husband of a woman subjects her to cruelty.

This purpose pronounces "cruelty" as follows-
(a)  any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b)   harassment of the woman where such harassment is with a view to coercing  her  or  any  person related  to  her  to  meet  any  unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

A woman however, could sue her in-laws for the commencement of both cruelty as well as grievous hurt, if the grounds are relevant and matches the instances of commencement of these offences.

Kevin Moses Paul   01 February 2021

Section 322 of the Indian Penal Code (IPC), 1860 deals with Voluntarily Causing Grievous Hurt.
The section further states that - 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.

For the purpose of this section it is understood with the help of an explanation i.e. a person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.

However,. cruelty is something else and is illustrated in Sections 498(A) of IPC. This section deals with activities in which the husband or relative of husband of a woman subjects her to cruelty.

This purpose pronounces "cruelty" as follows-
(a)  any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b)   harassment of the woman where such harassment is with a view to coercing  her  or  any  person related  to  her  to  meet  any  unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

A woman however, could sue her in-laws for the commencement of both cruelty as well as grievous hurt, if the grounds are relevant and matches the instances of commencement of these offences.

Khushi Mehta   02 February 2021

Good evening,
The concept of hurt is different from grievous hurt in the following ways:
The injuries caused in grievous hurt in section 320 are specific like emasculation, loss of sight, loss of limb, fracture, disfiguration, etc. whereas the injuries caused in section 319 of the Indian Penal code i.e. hurt are just covered by bodily pain, disease, and infirmity.
The risk of life is much more grave in the case of grievous hurt than in the case of hurt.
Hurt is not punishable in itself. For hurt to be punishable, it must be accompanied by other offenses. But grievous hurt is punishable in itself.
The offense of hurt is non-cognizable, bailable, and triable by any Magistrate. Whereas the offense of grievous hurt is cognizable, bailable, compoundable with the permission of the Court.
The punishment for Hurt is given under section 323 of the Indian Penal Code and the punishment for grievous hurt is given under section 325 of the Indian Penal Code
Talking about a woman if she can sue her in-laws for grievous hurt which filing a suit for cruelty as well?
Yes, to begin with, cruelty is mental and physical abuse but grievous hurt is another thing altogether, it is beyond cruelty so I believe she can sue her in-laws for grievous hurt. As mentioned above, grievous hurt is any hurt that endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits. Thus, it is not only restricting the rights of women but also making them suffer.

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