Answer
Ans.
Hurt:
According to S. 332 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.
Kinds of Hurt:
The following are the five kinds of hurt the PPC.
1. Italaf-i-udw
2. Italaf-i-SHALAHIYAT-UDW
3. Shajjah,
4. Jurh, and
5. All kinds of other hurts.
1. Italaf-i-udw:
it is that hurt where any organ or limb of the body or any person is amputated, dismembered or severed. For instance, Z injures K and dismembers his leg.
Punishment:
Whoever by doing any act, with the intention causing hurt to any person, or with the knowledge that he t1rebv to cause hurt to any person causes italaf-i-udw of any in consultation with the authorized medical officer, be punished with Qisas, and if the qisas is not executable keeping in view the principle of equality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as Tazir.
2. Italaf-i-Salahiyat-udw:
Whoever destroys or permanently impairs the functioning, power or capacity of any organ of the body of another person is said to cause this hurt. For example, P injures M and destroys his hearing power of ears.
Punishment:
Whoever by doing any act, with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes italaf-salahiyat-i-udw of any person, shall in consultation with the authorize medical officer, be punished with qisas, and if the qisas is not executable keeping of view the principles of equality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as Tazir.
3. Shajjah:
Whoever cause any hurt on the face or hand of any person, which does not amount to Italaf-i-udw or Italaf-i-Salahiyat-i-udw, is said to cause Shajjah. For instance, C causes hurt on K’s face and causes injuries.
Kinds of Shajjah:
(i) Khafifah:
It is an injury without exposing bone of the victim.
Punishment: The convict shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to two years as Tazir.
(ii) Mudihah:
It is an injury by exposing any bone of the victim without dislocating it.
Punishment: The convict shall, in consultation with the authorized medical officer be punished with qisas, and if the qisas is not executable keeping in view the principles of equality in accordance with the Injunctions of Islam, be liable to arsh which shall be five percent of the Diyat and may also be punished with imprisonment of either description for a term which may extend to five years as Tazir.
(iii) Hashimah:
It is an injury by fracturing the bone of the victim and without dislocating it.
Punishment: The convict shall be liable t arsh which shall be ten per cent of the Diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as Tazir.
(iv) Munaqillah:
It is an injury by causing fracture of the bone of the victim and thereby the bone is dislocated.
Punishment:
The convict shall be liable to arsh which shall be fifteen per cent of the Diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as Tazir.
(v) Ammah:
It is the injury by causing fracture of the skull of the victim so that the wound touches the membrane of the brain.
Punishment: The convict shall be liable to arsh which shall be one-third of the Diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as Tazir.
(vi) Damighah:
It is the injury by causing fracture of the skull of the victim and would ruptures the membrane of the brain.
Punishment:
The convict shall be liable to arsh which shall be one-half of Diyat and may also be punished with imprisonment of either description for a term which may extend to fourteen years as
4. Jurh:
Whatever causes any hurt to any person to an any place body except face and head, which leave a permanent are temporary mark, is said to cause Jurh. For example, P causes injuries on legs and leaves permanent mark on legs
Kinds:
(i) Jaifah:
It is the injury which extends to the body cavity of the trunk.
Punishment: Whatever by doing any act with the intention of causing hurt to a person are with the knowledge that he is likely to cause hurt to such person causes jaifah to such person shall be liable to arsh which shall be one-third of the Diyat and may also be punished with imprisonment of either description for a term with may extend to ten years as Tazir.
(ii) Ghayr Jaifah:
It is of various kinds, each having provided distinct punishment in the PPC, such as:
(a) Damiyah:
where skin is ruptured and bleeding accurs, the accurse shall be liable to daman and may be imprisoned for not more than one year as Tazir.
(b) Badi’ah:
where injury is by cutting are incising the flesh without exposing bone the accused shall be liable to daman and may be imprisoned for maximum three years as Tazir.
(c) Mutalahimah:
here injury is by lacerating the flesh, the accused shall be liable to daman and may be imprisoned for maximum three years as Tazir.
(d) Mudihah:
where injury is by exposing the bone, the accused shall be liable to daman and may be imprisoned for maximum five years as Tazir.
(e). Hashimah:
where injury is by causing fracture of a bone without dislocating it, the accused shall be liable to daman and may be imprisoned form maximum five years as Tazir.
(f) Munaqqilah:
where injury is by fracturing and dislocating the bone, the accused shall be liable to daman and may be imprisoned for maximum seven years as Tazir
5. 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 twenty days or more, or which renders the man o unable to follow his ordinary pursuits for twenty days or more, is covered by the other hurt.
Punishment for other hurt:
1. Whoever causes hurt, not mentioned herein before which endangers life or which causes the suffer to remain in severe bodily pain for twenty days or more or renders him unable to follow his ordinary pursuits for twenty days or more, shall be liable to daman and also be punished with imprisonment of either description for a term which may extend to seven years.
2. Whoever causes hurt not covered by sub-section (1) shall punished with imprisonment of either description for a term which may extend to two years, or with daman or with both.
Punishment of hurt by rash or negligent:
1. Whoever causes hurt by rash or negligent act, other than rash or negligent deriving, shall be liable to the rash or daman specified for the kind of hurt caused and may also be punished with imprisonment of either description for a term which may extend to three years as Ta’zir.
2. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or which fine, or with both.
Punishment for causing hurt by mistake (Khata):
Whoever causes hurt by mistake (Khata) shall be liable to arsh of daman specified for the kind of hurt caused.
Causing hurt by means of a poisen:
Whoever causes to be taken by any person, any poisen or any stupefying, intoxicating or unwholesome drug or such other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt may, in addition to the punishment of arsh or daman provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to ten years.
Causing hurt to export confession, or to compel restoration of property:
Whoever causes hurt for the purpose of extorting frome the sufferer or any person interested in the sufferer any confession or any information which may lead to the detection of any offence or misconduct or for the purpose of constraining the sufferer, or any person interested in the suffer, to resort or to cause the restoration of any property of valuable security or to satisfy any claim or demand or to give in for action which may lead to the restoration of any property valuable security shall, in addition to he punishment of qisas, rash or daman, as the case may be provided for the kind of hurt caused, be also punished having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to ten years as ta’zir.
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