Table of Contents
The law of hurt relates to the commission of offenses that amount to causing physical injury to another human being. At most legal regimes, hurt as an offense finds its place under criminal law. It means inflicting some sort of bodily pain, injury, or harm to someone, either intentionally or negligently. The nature and extent of the injury will say whether it is just simple hurt or grievous hurt, and punishments vary accordingly for each. The law relating to hurt aims to protect individuals from bodily harm while balancing justice and accountability for those responsible for inflicting injury.
Types of Hurt
1. Simple Hurt
Simple hurt refers to injuries that cause pain or discomfort to the victim but are not severe enough to cause permanent damage or long-lasting effects. This might include minor bruises, cuts, or abrasions.
2. Grievous Hurt
Grievous hurt is a more serious form of harm and refers to injuries that cause significant and permanent damage to the victim. This could include disfigurement, loss of a limb or organ, or injuries that impair bodily functions. Grievous hurt is typically punishable by more severe penalties than simple hurt.
Nepalese legal provision regarding hurt
1. Simple Hurt (Sec 191 of National Penal Code, 2074)
A person who does any of the following acts to another person shall be deemed to cause hurt:
- Any act by which any kind of bodily pain is caused,
- Any act by which a disease is transferred,
- Any other act by which infirmity is caused.
2. Grievous Hurt (Sec 192 of National Penal Code, 2074)
Where any person does any act with the intention of causing hurt to another person, which results in any of the following consequences, that person is deemed to have committed the offense of causing grievous hurt to that other person:
- Making blind by making privation of the sight of, or by breaking either eye,
- Privation of smelling power of the nose,
- Privation of hearing power of either ear,
- Privation of speaking power of the tongue,
- Cutting of woman's breast,
- Emasculation of man and woman (making woman infertile or man impotent),
- Privation of the backbone, hand, leg, or joint of such organ by breaking, fracturing, dislocating it,
- Any hurt which causes the sufferer to be unable to perform his or her professional work.
Punishment
Intentional
Hurt (Sec 191 of National Penal Code, 2074)
- Sentence of imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both
Grievous Hurt (Sec 192 of National Penal Code, 2074)
- Sentence of imprisonment for a term not exceeding ten years and a fine not exceeding one lakh rupees.
- In the case of so causing grievous hurt to either of the organs performing the same function that it becomes dysfunctional, the offender shall be liable to half the sentence specified above, and where the wound caused by grievous hurt gets so healed as to restore the organ, the offender shall be liable to a sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.
Provocation (Sec 194 of National Penal Code, 2074)
Hurt
- Sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both the sentences in the case of any other kind of hurt
Grievous Hurt
- Sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both.
Recklessness (Sec 195 of National Penal Code, 2074)
Hurt
- Sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both.
Grievous
- Sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both.
Negligence (Sec 195 of National Penal Code, 2074)
Hurt and Grievous Hurt
- Sentence of imprisonment for a term not exceeding six months or a fine not exceeding five thousand rupees or both.
Prohibition of using criminal force (Sec 197 of National Penal Code, 2074)
A person shall be considered to use criminal force on another person if he or she does any of the following acts:
- To use any kind of force on that other person with the intention of committing an offense,
- To use force to that other person with the intention of causing, or knowing it to be likely that the use of such force will cause, injury, fear, or annoyance to that other person or his or her family or property,
- To terrify that other person to apprehend that force will be used to him or her or to threaten or intimidate to use force, or attempt to use force, in any other manner, to him or her.
Not to be considered as the use of criminal force. (Sec 196 of National Penal Code, 2074)
The use of any force, with one's consent, in the course of imparting teaching, instruction, or training on the concerned subject, conducting acting or treatment of any kind or in a manner to render benefit or the use of force of usual nature in the course of having any kind of game shall not be considered to be the use of criminal force.
Punishment
- Using criminal force by carrying a weapon: sentence of imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both.
- Using criminal force without carrying a weapon: Sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both
Prohibition of making unconscious with intent to commit offense (Sec 197 of National Penal Code, 2074)
No person shall, with intent to, feed or administer another person any substance causing unconsciousness, dizziness, or unhealthiness or make that other person unconscious in any manner whatsoever.
Punishment
Sentence of imprisonment for a term not exceeding one year and a fine not exceeding ten thousand rupees.
Compensation
Compensation shall be paid by the offender where any harm, damage, or loss is caused to any person's body, life, or property from the commission of the offense to the victim.
The law relating to hurt plays a critical role in safeguarding individuals' physical integrity and ensuring justice in cases of bodily harm. It provides a framework for identifying and addressing both minor and serious injuries, ensuring that those who cause harm to others are held accountable. It also allows for defenses like self-defense or consent, which prevent unjust punishment in appropriate situations.