Indian Penal Code, 1860
Section 320
repealedGrievous hurt
The following kinds of hurt only are designated as “grievous”: Emasculation. Permanent privation of the sight of either eye. Permanent privation of the hearing of either ear. Privation of any member or joint. Destruction or permanent impairing of the powers of any member or joint. Permanent disfiguration of the head or face. Fracture or dislocation of a bone or tooth. 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.
Why this exists
This section creates a closed, specific list of injuries considered serious enough to be called 'grievous hurt,' distinguishing them from lesser injuries covered simply as 'hurt' under Section 319. This graded classification allows the law to impose much harsher punishments for genuinely severe, life-altering, or dangerous injuries compared to minor ones, ensuring proportionate punishment. Under the Bharatiya Nyaya Sanhita, 2023, this definition is retained under Section 116, with an added category recognizing hurt causing the victim to be in a vegetative state.
How courts read it
Courts have held that this list is exhaustive, meaning an injury not falling within one of these specific categories cannot be classified as grievous hurt no matter how serious it may otherwise seem, though the twenty-day severe pain or incapacity clause has been interpreted to require credible medical evidence of the duration and severity of the impact.
Common misconceptions
- Myth: Any severe-looking or painful injury can be called 'grievous hurt.'
Fact: Only injuries specifically listed in this section, such as permanent loss of sight, hearing, or a limb, a fracture, permanent disfigurement, or life-endangering harm or twenty-plus days of severe pain, count as grievous hurt.