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    Monday, 13 November 2017

    Assault, Hurt and Grievous Hurt

    1. ASSAULT
    In literal sense the word 'assault' means a "sudden attack". The word 'assault' is derived from a Latin word `assaults' where 'ad' means "upon", `saltus' means leap" and "adsaltus" means "to leap upon".

    (I) RELEVANT PROVISIONS
    Sections 351, 352 to 358 of P.P.C. 1860.

    (II) MEANINGS OF ASSAULT
    "An act which intentionally causes another person to fear immediate and unlawful hurt or violence."

    (III) DEFINITION OF ASSAULT; UNDER SECTION 351 P.P.C:
    "Whoever makes any gesture, or nay preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.

    (IV) ESSENTIAL INGREDIENTS OF ASSAULT
    (i) Some preparation or gesture constituting a threat of force.
    (ii) A reasonable apprehension of the use of force.
    (iii) Ability or capability of the defendant to carry out threat.

    Explanation
    An oral threat made by A to murder B and even if it is made in the presence of B will not be considered as an assault because mere words could not cause an assault as the use of criminal force or immediate force is absent.

    (V) PUNISHMENT FOR ASSAULT; UNDER SECTION 352 TO 358, P.P.C

    Assault is punishable under sections 352 to 358 P.P.C as the case may be.

    2. HURT

    (I) RELEVANT PROVISIONS
    Sections 322 of P.P.C. 1860.

    (II) MEANINGS OF HURT

    (i) Literal meanings
    Hurt means, "to cause physical pain to somebody or yourself."

    (ii) Legal meanings:
    Hurt means, "Harm caused to human body other than death."

    (III) DEFINITION OF HURT; UNDER SECTION 332(1) OF P.P.C
    "Whoever causes pain, harm, disease, infirmity or injury to any person or impairs, disables or dismembers any organ of the body or part thereof of any person without causing his death, is said to cause hurt."

    (IV) ESSENTIAL INGREDIENTS OF HURT

    (i)            Causing to any person,
    (ii)           Pain, harm, disease, infirmity or injury,
    (iii)          Impairing, disabling, or dismembering any organ of the body, or
    (iv)          Without causing the death.

    3. GREVIOUS HURT

    (I) MEANING OF GRIEVOUS HURT
    Grievous hurt means that injury which causes serious harm.


    (II) DISTINGUISHED BETWEEN HURT AND GRIEVOUS HURT:

    (a) In hurt The injury intended to be caused is not of serious nature but in grievous hurt Injuries inflicted are of serious nature.

    b. In hurt it does not include fracture or dislocation of a bone or tooth but in grievous hurt It includes fracture or dislocation of a bone or tooth.

    c. In hurt it does not include permanent disfigurement of head or face but in grievous hurt It includes permanent disfigurement of head or face.

    d. In hurt it does not endanger life but in grievous hurt It endanger life.


    It is important to note that in assault no injury, or hurt, simple or grievous, is actually inflicted, but there is only an apprehension to causes the same. 
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    Item Reviewed: Assault, Hurt and Grievous Hurt Rating: 5 Reviewed By: Usman Ali
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