Section 320 IPC: Grievous Hurt - Definition, Eight Categories and Section 116 BNS

Section 320 IPC - Original statutory definition of grievous hurt

The following kinds of hurt only are designated as grievous:

1. First. Emasculation.
2. Secondly. Permanent privation of the sight of either eye.
3. Thirdly. Permanent privation of the hearing of either ear.
4. Fourthly. Privation of any member or joint.
5. Fifthly. Destruction or permanent impairing of the powers of any member or joint.
6. Sixthly. Permanent disfiguration of the head or face.
7. Seventhly. Fracture or dislocation of a bone or tooth.
8. Eighthly. 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.

The eight categories above reproduce the substance and original wording of Section 320 IPC, with numbering and punctuation formatted for readability.

Meaning and essential features of grievous hurt

Section 320 is a definition, not a standalone provision prescribing punishment. An injury must fall within at least one of its eight categories to constitute grievous hurt. Ordinary hurt is separately defined under Section 319 IPC and Section 114 BNS.

1. Emasculation

This refers to loss of the capacity associated with male reproductive function. The nature and extent of injury require medical assessment.

2. Permanent loss of sight

Permanent deprivation of sight in either eye is sufficient; the provision does not require loss of sight in both eyes.

3. Permanent loss of hearing

Permanent deprivation of hearing in either ear is included.

4. Loss of a member or joint

Loss of a body member or joint is covered by the fourth category.

5. Permanent impairment of a member or joint

Destruction or permanent impairment of the powers of a body member or joint falls under the fifth category, even where the member remains physically present.

6. Permanent disfiguration of head or face

Permanent disfiguration of the head or face is specifically included. The legal question is not limited to whether the injury affects a person's ability to work.

7. Fracture or dislocation of bone or tooth

A fracture or dislocation of a bone or tooth qualifies under the seventh category. Relevant imaging, dental findings and medical testimony may establish its existence.

8. Life-endangering hurt or prolonged severe pain or inability

The eighth category covers hurt endangering life or causing severe bodily pain or inability to follow ordinary pursuits for the statutory period. Under Section 320 IPC, that period is twenty days; under Section 116 BNS, it is fifteen days. The life-endangering limb is an alternative and does not itself require proof of the full period.

Section 116 BNS - Current definition of grievous hurt

Section 116 of the Bharatiya Nyaya Sanhita, 2023, carries forward the eight-category approach to grievous hurt. The significant textual change in the eighth category is the reduction of the period of severe bodily pain or inability to follow ordinary pursuits from twenty days to fifteen days.

Important numbering distinction: Section 320 IPC concerns grievous hurt, but Section 320 BNS concerns a different offence. Always identify the statute along with the section number.

Punishment for voluntarily causing grievous hurt

The applicable punishment depends on the charged offence, the act, the required intention or knowledge, the means used and any aggravating circumstances. The definition of grievous hurt alone does not determine liability.

• IPC Section 325: Voluntarily causing grievous hurt is generally punishable with imprisonment of either description up to seven years and a fine.
• BNS Section 117(2): The corresponding general offence of voluntarily causing grievous hurt carries imprisonment up to seven years and a fine. Other subsections of Section 117 address specified aggravated situations.
• Dangerous weapons or means: Separate, potentially more serious provisions may apply, including IPC Section 326 or BNS Section 118(2), depending on the facts.

The appropriate charge and procedural classification should be assessed under the law applicable on the date of the alleged act.

How is grievous hurt proved?

Evidence may include medical examination reports, X-rays or other imaging, dental records, hospital and discharge records, expert opinions, witness testimony and evidence about the duration and consequences of the injury. A doctor's description is important, but the court assesses whether the proved facts satisfy the statutory definition.

For the eighth category, evidence should address whether the hurt endangered life or whether the injured person experienced the specified severe bodily pain or inability to follow ordinary pursuits for the required statutory period. The precise wording of the applicable IPC or BNS provision matters.

Frequently asked questions

Official legal sources

• Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) - India Code PDF (see Sections 114, 116, 117 and 118).
• India Code official legislation portal (search Indian Penal Code, 1860, Section 320).
• Ministry of Home Affairs (criminal law commencement and official notifications).