A person ‘X’ hits another person ‘Y’ with a wooden stick on provocation. This leads to formation of a bruise 3cm x 3cm on the forearm. No other injuries are noted. Which of the following is true, regarding his punishment:
Correct Answer: Imprisonment for 1 month and/or fine of Rs. 500
Description: C i.e. Imprisonment for 1 month and/or fine of Rs. 500/- - Emasculation (class 1), permanent privation of sight of either eye (2), or hearing of either ear (3) privation of any pa (member) or joint (4) destruction or permanent impairment of powers of any member or joint (5) permanent disfiguration of head or face (6) fracture / dislocation of bone or tooth (7) and any hu which endangers life or which causes sufferer to be, during the period of 20 days, in severe bodily pain or unable to follow his/ her ordinary pursuits (class 8) are included in grevious hu (section 320 IPC). - To be counted as grevious hu, the loss of privation of sight or hearing may be paial and need not be complete but has to be permanent. Again permanent does not mean that it should be incurableQ. For example, when loss of sight is due to corneal opacity due to some injury, it is curable by corneoplasty. But as because corneal opacity is permanent by itself it will be considered grevious huQ & chances of cure by corneoplasty does not minimize its gravity-Apurba Nandy 2/e P-203. Abrasion heals completely without leaving any disfiguration or deformity of hence its a simple injuryQ. Contusion of scalp does not produce permanent disfiguration as it reves to normal in few weeks. - Contrary to popular belief, a simple stay in hospital for 20 days or deliberately delaying the healing of simple hu by patient for 20 days do not constitute grevious injury. And a stay of < 20 days (even with bodily pain) is not considered a grevious injury. Grevious hu is a cognizable offence for which a police officer can arrest a person without a warrant from magistrateQ. Punishment for voluntarily causing simple (non grevious) hu on provocation with simple (non dangerous) weapon is imprisonment extending upto 1 month and/or fine upto Rs. 500/- or bothQ. Stick is a non dangerous weapon and bruise on forearm is simple (not grevious) huQ.
Category:
Forensic Medicine
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