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1. Introduction:
Hurt is harm caused to human body other than death. In P.P.C, human body has
been divided into various section and keeping in view those various section, five
kinds of hurt have been stated in section 332.P.P.C and also provides punishment for
hurt In other various provisions.
2. Relevant Provision:
Following are the relevant provisions of P.P.C. regarding the concerned topic.
whoever causes pain, harm, disease infirmity or injury to any person or impairs,
disable or
Or dismembers any organ of the body or part thereof any person without casing his
death, is said to cause hurt.
(i) 1tlaf-Ude
(iii) Shajjah
(iv) Jurh
(I) 1tlaf-I-Udw:
The word 1tlaf means to destroy and Udw means limb or organ.
Whoever by doing any act with the intention of thereby causing hurt to any person
or with the knowledge that he is likely to cause hurt to any person causes 1ylaf-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 to appear as a witness to give opinion, in view
principles of equality.
Illustration:
An offender inflicts blow with sword resulting amputation of one- fourth of left
forearm. The punishment of qisas will be executable only if the authorized medical
officer an opinion the similar result could possible be achieved without any
additional damage to the offender.
B. Arsh if the qisas is not executable and is mandatory upon the court and
may also be punished with imprisonment either description for a term which may
extend to ten years A TAZIR and it is discretionary with the court.
(II) 1tlaf-i-shalahiyat-1-udw:
(i) Meaning U/sec 335:
The punishment for 1talf i-Salahiyat-1-udw is the same as provided for 1tlaf-i-udw
is sec 334.
(III) SHAJJAH:
(i) Literal Maening:
Any hurt on the face or heard of a person which dose not amount to 1tlaf-i-udw or
1tlaf-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 hurt by any weapon on head or face without exposing bone of the victim.
b. Shajjah-i-Mudihah:
It means simple hurt by any weapon on head or face where thought bone is
exposed but on fracture is caused.
The person causing it shall be punished with qisas after consultation with the
anthorized medical officer and if it not executable, the convict shall be liable to Arsh
which shall be five person of value of Diyat and may also be punished with
imprisonment of either description for a team which may extend to five years as
tazir.
c. Shajjah-i-hashimad
The person causing it shall be liable to Arsh which shall be ten percent of the diyat
and may also be punished with imprisonment of either description for a team which
may extend to ten years as Tazir.
d. Shajjah-i-Munaqqilah:
The person causing it shall be liable or arsh which shall be 15% of the diyat and
may also be punished with imprisonment of either description for a term which may
exterto ten years as Tazir.
e. Shajjah-i-Ammah:
It is grevious hurt by any weapon causing fracture of the shall of the victim, where
the wound touches the membrane of the brain.
The person causing is 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 team which may
extend to fourteen years as tazir.
(IV) Jurh:
Literal Meaning:
The word jurh is derived form the word Jarroh which means injury.
Jurh means injury on any part of the body of a person, other than the head or face,
which leaves a mark of the, wound whether temporary or permanent.
(i) Jaifah
(ii) Ghayr-Jaifah
JaifahU/sec 337-C:
Whoever causes jurh in which the injury extends to the cavity of the trunk, is said to
cause jaifah.
Case Law
Body cavity means a part of body under which vital organs are located and if an
injury penetrates into the body cavity and then exters the pert of the body where in
vital organ are located, lonely then that can be treated as Jaifah and punishment
can be awarded accordingly.
1. Damiyah:
2. Badiyah:
3. Mutalahima:
4. Mudihah:
5. Muanaqqilah:
If a person with the intention or knowledge of causing hurt causes any of Ghyr-jaifah
injuries shall be punished as under.
He shall be lible to daman and may also be punished with imprisonment of either
description for a term which may extend to one year as tazir.
He shall be liable to daman and may also be punished with imprisonment of either
description for a term which may extend to there years as tazir.
He shall be liable to daman and may also be punished with imprisonment of either
description for a term which may extend to five years as tazir.
Other Hurt:
A hurt which is not covered by any of the four clauses give above, and which
endangers life or causes the sufferer to remain server bodily pain for 20 day or
more or render him unable to follow the ordinary pursuits for 20 days or more, is
covered by 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.
CONCLUION:
To conclude, I can say, that the punishments of hurt has been provided by ordinance
in accordance with the injunction of Islam and each offence is described explicitly
and the punishment of Ars/Damann has been made as substantive offence.