Voluntarily causing grievous hurt
AI Assist
Summary
A person is guilty of voluntarily causing grievous hurt only when he causes grievous hurt and intends it or knows it is likely to occur. The normal penalty is imprisonment up to seven years and a fine. If the act causes permanent disability or a persistent vegetative state the punishment is rigorous imprisonment for not less than ten years and may extend to life. If five or more people cause grievous hurt for discriminatory grounds, each can be punished up to seven years and a fine.
Example
Ravi strikes Aditya on the head with a heavy rod intending to permanently disable him. Aditya becomes permanently disabled. Ravi faces rigorous imprisonment of not less than ten years and up to life.
Bare Act
Enacted text(1) 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”.
(2) Whoever, except in the case provided for by sub-section (3), voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation
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.
Illustration
A, intending of knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face, but which causes Z to suffer severe bodily pain for the space of fifteen days. A has voluntarily caused grievous hurt.
(3) Whoever commits an offence under sub-section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.
(4) When grievous hurt of a person is caused by a group of five or more persons on the ground of his, race, caste, sex, place of birth, language, personal belief or any other ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
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