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shine mangalore (advocate)     19 October 2011

Grievious injury

Sir,

A  person is hit by a stick on his eyes.There was a Choroidal tear. His vision in the injured eye at that time was 6/18. In  few days his vision deterriorated to 6/60 and now it is 6/36.

Now my question is,

Whether this injury amounts to grevious injury or simple injury.

How this grevious and simple injury are determined.

Please give if there is any relative decisions.

 

Please answer. Thanks in advance.



Learning

 4 Replies

M.Sheik Mohammed Ali (advocate)     19 October 2011

depend upon the doctor certificate for visibility. then court will made punishment

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 October 2011

Dear Shine

 

Section 320. Grievous hurt.

 

The following kinds of hurt only are desig­nated as “grievous”:—

 

First.— Emasculation.

 

Secondly.—Permanent privation of the sight of either eye.

 

Thirdly.— Permanent privation of the hearing of either ear,

 

Fourthly.—Privation of any member or joint.

 

Fifthly.— Destruction or permanent impairing of the powers of any member or joint.

 

Sixthly.— Permanent disfiguration of the head or face.

 

Seventhly.—Fracture or dislocation of a bone or tooth.

 

Eighthly.—Any hurt which 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.

 

 

COMMENTS

 

The act of squeezing the testicles of a person would be an offence of causing grievous hurt; State of Karnataka v. Shivalingaiah, (1988) Cr LJ 394: AIR 1988 SC 115.

and the punishment for this  offence is

Section 325. Punishment for voluntarily causing grievous hurt

 

Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years, and fine—Cognizable—Bail­able—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court.

1 Like

shine mangalore (advocate)     19 October 2011

Thank you sir(s)

rashim (resident)     06 September 2013

sir can a scalp laceration 3cm*,1cm deep be a grevious injury. the weapon used to hit was stone. sir please reply to this post.


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