1. INTRODUCTION
Section
332 to 337 of PPC explains the definition, punishment and different kinds of
hurt. Hurt is ham caused to the human body other than death. It has different
kinds such as itlaf-udw, shajjal, jurh, Salaliyat-udw etc.
2. RELEVANT PROVISIONS
The
relevant provisions regarding the concerned topic are as under: Sections 332 to
337 PPC.
3. MEANING OF HURT
Hurt
means causing of bodily injury resulting either in, bodily pain, disease or
infirmity.
4. DEFINITION OF HURT U/ SEC 322(1)
Whoever
causes pain, harm disease i or injury to any person or impairs, disables or
dismembers any organ of the body or part -thereof any person without causing
his death, is said to cause hurt.
5. KINDS of HURT
Following
are the kinds of hurt.
I. IfiLAF-UDW
i. Literal Meaning
The
word Itlaf means to destroy and Udw means limb or organ.
ii. Meaning U/sec. 333
Whoever
dismembers, amputates severs any limb or organ of.. the body of another person
is said to cause Itlal-Pladw.
(iii) Punishment U/sec. 334
Whoever
by doing any act with the intention of thereby causing hurt to any person or
with :he knowledge that he is likely to cause hurt to any person causes
itlaf-i-udw of any person shall be punished with:
a. Qisas
in consultation with the authorized medical officer, that is the Court will
require the authorized medical officer to appear as a witness to give opinion,
whether Qisas will be executable keeping in view principles of equality.
Illustration
An offender inflicts single blow with sword
resulting in amputation of one-fourth of left forearm. The punishment of Qisas
will be executable only if the authorized medical officer gives an opinion that
similar result could possibly be achieved without any additional damage to the
offender:
b. Arsh,
if the Qisas is not executable and it is mandatory upon the Court and may also be
punished with imprisonment of description for a term which may extend to ten
years as tazir and it is discretionary with the Court.
II. ITLAF-I-SALAHIYAT-I-UDW
a. Meaning, u/sec. 335:
Itlaf-i-Salahiyat-i-udw
means destroying or permanently impairing the functioning power or
disfigurement of some organ.
b. Punishment u/sec. 336
The
punishment for itlaf-i-Salahiyat-i-udw is the same as provided for itlaf-i-udw
in sec. 334.
III. SHAJJAH
a. Literal Meaning
It
is an Arabic word which means injuries on head or face.
b. Meaning U/sec, 337(1)
Any
hurt on the face or head of a person which does not amount to Itlaf-i-tukw or
Itlaf-i¬Salahiyat-i-udw is called Shajjah.
a.
Shajjah-i-Khafifah
b.
Shajjah-i-Mudihah
c.
Shajjah-i-Hashimah
d.
Shajjah-i-Munaqqilah
e.
Shajjah-i-Ammah
f.
Shajjah-i-Damighah
a. Shajjah-i-Khafifah
It
means simple hurt by any weapon on head or face without exposing bone of the
victim.
Punishment
U/sec. 337A (I)
(b) Shajjah-i-Mudihali
It
means simple hurt by any weapon on head or face where though bone is exposed
but no fracture is caused.
Punishment U/sec. 337A (ii)
The
person causing it shall. be punished with Qisas after consultation with the
authorized medical officer and if it is not executable; the convict shall be
liable to Arsh which shall be five percent of value of Diyat and ,may also be
pushed with ,imprisonment of either description for a term , which may extend
to five years as tazir.
c. Shajjah-i-Hashimah
It
is grievous hurt by any wca;'3ii on head or face resulting in ,fracture of bone
of the victim without dislocating it.
Punishment. U/sec. 337A (iii)
The
person causing it shall be liable to Arsh which shall be tell percent of. the
Diyat and may also be punished with imprisonment of either description for a
term which may extend to tm years as Tazir.
d. Slukijah-i-Munacmilah
It
is grievous hurt by any weapon on head or face, resulting in fracture and dislocation
of bone of victim.
Punishment U/sec 337A (iv)
The
person causing it shall be liabb, Arsh which shall be 15% of the Diyat to may
also be punished with imprisonment of either description for a term Which
extend to ten year as Tazir.
e. Shajjah-i-Ammah
It
is grievous hurt' by any weapon causing fracture of the skull of the victim and
the wound touches the membranes of the brain.
Punishment U/sec337A (v)
The
person causing it shall be liable to Arsh which shall be one-half of the Diyat
and may also be punished with imprisonment of either description for a term
which may extend to fourteen years as tazir.
f. Shajjah-i-Damighah
It
is grievous hurt by any weapon causing fracture of the skull of the victim and
the wound ruptures the membrane of the brain.
Punishment U/sec 337A (vi)
The
person causing it shall liable to Arsh which shall one-half of Diyat and may
also be punished with imprisonment of either description or a term which may
extend to fourteen years as tazir.
IV. JURH
a. Literal Meaning
The
word jursh is derived from the word jarroh which means injury.
b. Meaning U/sec. 337-B(1)
Jurh
means injury on any part of the body of person, other than the head or face,
which leaves a mark of the wound whether temporary or permanent.
A. Kinds of Jurh U.sec 337-B(2)
i. Jaifah U/sec 337-C
Whoever
causes jurh in which the injury extends tot he body cavity of the trunk, is
said to cause jaifah.
(ii) Ghayr-Jaifah U/Sec. 337-E
Any
hurt which does not amount to jaifh is called Ghayr-jaifah.
Kinds of Ghayr-Jaifah
1. Damlyah
It
is an injury in which the skin is rupturd bleeding occurs.
2. Badiyah
it
is an injury by cutting or incising the flesh without exposing the bone.
3. Mutalahima
It
is an injury by lacerating the flesh.
4. Mudihah
It
is an injury be exposing the bone.
5. Muanaqqilah
It
is an injury by fracturing and dislocating the bone.
Punishment of Ghayr-Jaifah u/sec 337-F
If a
person with the intention or knowledge of causing hurt causes any of
Ghyr-jaifah injuries shall be punished as under:
a. Punishment for Damiyah.
He
shall be liable to daman and may also be punished with imprisonment of either
description for a term which may extend to one year as tazir.
b. Punishment for Badiah and Mutalahimah:
He
shall be liable to daman and may also be punished with imprisonment of either
description for a term which may extend to three years as tazir.
c. Punishment for mudihah and ilashimah
He
shall be liable to daman and may also be punished with imprisonment of either
description for a term which may extend to five year as tazir.
d. Punishment for Munaqqilah
He
shall be liable to daman and may also be punished with imprisonment of either description
for a term which may extend to seven year as tazir.
V. ALL KINDS OF OTHER HURT
A
hurt which is not covered by any of the four clauses given above, and which
endangers life or which causes the sufferer to remain in severe bodily pain for
20 days or more or renders him unable to follow the ordinary pursuits for 20
days or more is covered by the other hurt and shall be liable to be punished
with daman and. may be imprisoned up to seven years, and if it is not of kind
mentioned here before the punishment shall be imprisonment which may extend to
two years or with daman or both.
6. ANALYSIS
In
last to Conclude I can say that all the kinds of hurt mentioned in PPC are
according to injunctions of Islam, and each offence is described explicitly and
punishments of Arsh, Daman has been made as substantive offence.
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