BNS Section 114 – Hurt

IPC Section – 319

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Key Points on Hurt

Definition of Hurt

Hurt is caused when any person inflicts bodily pain, disease, or infirmity on another individual. The scope of this term is broad and includes a wide variety of actions that result in the victim experiencing physical suffering.

Bodily Pain

• Bodily Pain refers to any physical discomfort or pain experienced by the victim. This could result from:
  • Physical contact
  • Blows
  • Minor injuries
• The pain does not need to be severe to constitute hurt. Even slight physical suffering inflicted on another person can be classified under this section.

Disease

• Disease includes any illness or infectious disease transmitted to the victim intentionally or as a result of some harmful act by the perpetrator.
• Disease could range from contagious infections to any condition affecting the health of the victim, caused intentionally by the perpetrator.

Infirmity

• Infirmity refers to any temporary or permanent physical or mental condition that impairs the normal functioning of the body.
  • This could include physical weakness or long-term conditions that reduce the victim’s capability or strength, which are caused by the perpetrator’s actions.

Intent and Knowledge

• The person committing the act of hurt must have intent or knowledge that their actions will result in bodily pain, disease, or infirmity to the victim.
• While intent to cause harm strengthens the charge, negligent or reckless actions leading to hurt may also fall under this section, provided the offender knew their actions could result in harm.

Difference Between Hurt and Grievous Hurt

• Hurt (under Section 114) is a less severe form of injury compared to grievous hurt, which is addressed under a different section.
  • Grievous Hurt includes more serious injuries such as:
    • Fractures
    • Permanent disfigurement
    • Long-term impairment
  • Hurt, on the other hand, may involve temporary pain or discomfort without lasting physical consequences.

This legal framework ensures that acts causing bodily pain, disease, or infirmity are addressed appropriately, distinguishing between less severe injuries (hurt) and more serious ones (grievous hurt).