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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.
Hurt Lawyer in Nepal
At Alpine Law Associates, we understand how complex and sensitive hurt-related legal matters can be—whether you're a victim seeking justice or someone facing allegations under the Penal Code. Explore our criminal case litigation services. As a full-service, legally registered law firm in Nepal, we specialize in cases related to hurt, grievous hurt, use of force, and bodily injury under Sections 191 to 197 of the National Penal Code, 2074. Our experienced team of lawyers is equipped to guide you through every stage of the legal process—from FIR filing, evidence collection, medical report coordination, compensation claims, to full courtroom representation. We handle both civil and criminal aspects of hurt cases, ensuring your rights are protected, and justice is served. Whether it's intentional harm, recklessness, provocation, or negligent injury, we provide clear legal consultation, honest advice, and aggressive representation when required. Clients across Nepal trust Alpine Law Associates for our professionalism, confidentiality, and tireless dedication to achieving favorable outcomes. With us, you're never alone—we stand by your side, from consultation to courtroom.
Conclusion
In Nepal, the law relating to hurt is not just about punishing wrongdoers—it’s about upholding the dignity, safety, and bodily integrity of every individual. With clear distinctions between simple and grievous hurt, and further provisions for provocation, recklessness, and negligence, the National Penal Code, 2074 provides a comprehensive legal framework to deal with offenses involving physical injury. Whether you're filing a complaint, seeking medical compensation, or defending yourself against allegations, understanding the legal definitions and penalties is crucial. At Alpine Law Associates, we believe that justice should be accessible, fair, and backed by a skilled legal team. If you or a loved one are involved in a hurt-related legal issue, don't hesitate to seek proper legal advice. Your rights matter, and with the right support, the legal system can be a powerful tool for protection and accountability.
Frequently Asked Questions
Hurt is defined under Section 191 of the Muluki Penal Code, 2074 as any act that causes:
- Bodily pain: Physical suffering of any degree
- Disease transmission: Intentionally infecting someone with a disease
- Infirmity: Causing temporary or permanent weakness or disability
- Injury: Any wound, fracture, or damage to the body
The key element is intent — accidental injuries are treated differently from deliberate acts. Hurt falls under criminal law and is prosecuted by the state.
Related: robbery and theft laws in Nepal.
The Penal Code distinguishes these two categories by severity:
| Feature | Simple Hurt | Grievous Hurt |
|---|---|---|
| Definition | Temporary pain, minor injury | Permanent damage, life-threatening injury |
| Examples | Bruises, minor cuts, slaps | Loss of limb, loss of sight/hearing, disfigurement, fractures |
| Section | Section 191 | Section 192 |
| Max imprisonment | Up to 3 years | Up to 10 years |
| Max fine | NPR 30,000 | NPR 100,000 |
Grievous hurt cases require medical evidence proving permanent damage.
Penalties vary based on the type and intent of hurt:
| Offense | Imprisonment | Fine | Section |
|---|---|---|---|
| Intentional simple hurt | Up to 3 years | Up to NPR 30,000 | 191 |
| Intentional grievous hurt | Up to 10 years | Up to NPR 100,000 | 192 |
| Hurt under provocation | Reduced penalty | Reduced fine | 194 |
| Negligent hurt | Up to 6 months | Up to NPR 5,000 | 195 |
The court also considers the victim's medical report and the severity of injuries when determining the sentence.
Yes, victims of hurt have the right to claim compensation under Nepal law:
- Criminal compensation: Court can order the offender to pay the victim as part of the criminal sentence
- Civil claim: Victim can file a separate tort claim for damages
- Medical expenses: Cost of treatment, surgery, rehabilitation
- Loss of income: Wages lost during recovery period
- Pain and suffering: Non-monetary damages for physical and emotional distress
Both criminal and civil cases can run simultaneously for the same incident.
Yes, provocation is a recognized mitigating factor under Section 194 of the Penal Code:
- Reduced sentence: If hurt was caused under sudden and grave provocation, the punishment is reduced
- Requirements: Provocation must be immediate and severe enough to cause a reasonable person to lose self-control
- Not applicable if: The response was premeditated, disproportionate, or delayed
- Self-defense: Separate from provocation — if you acted in genuine self-defense, you may be fully acquitted
A skilled criminal defense lawyer can argue provocation or self-defense to reduce or eliminate liability.
Criminal force is defined under Section 196 of the Penal Code as a distinct but related offense:
- Definition: Intentional use of force or threat of force likely to cause injury, fear, or annoyance
- Without consent: Force applied without the victim's permission
- Includes: Pushing, grabbing, restraining, throwing objects at someone
- Assault: Even an attempt or threat to use criminal force (without actual contact) is punishable
- Penalty: Up to 1 year imprisonment or fine up to NPR 10,000
Criminal force often accompanies hurt charges. See principles of criminal liability for intent requirements.
Yes, causing hurt through negligence (without intent) is punishable under Section 195:
- Negligent simple hurt: Up to 6 months imprisonment or fine up to NPR 5,000
- Negligent grievous hurt: Up to 2 years imprisonment or fine up to NPR 20,000
- Examples: Reckless driving causing injury, unsafe construction, medical negligence
- Key difference: No intent required — the prosecution only needs to prove carelessness
Victims of negligent injuries can also pursue tort claims for compensation separately from criminal proceedings.
If falsely accused of causing hurt, take these immediate steps:
- Do not panic: False accusations are common and can be successfully defended
- Consult a lawyer immediately: Contact a criminal defense attorney before making any statement
- Gather evidence: CCTV footage, witnesses, medical records, phone records proving alibi
- Avoid confrontation: Do not contact the accuser directly
- File counter-complaint: If the accusation is malicious, you can file a case for false accusation and defamation
The burden of proof is on the prosecution — they must prove guilt beyond reasonable doubt.
Yes, victims can pursue both tracks simultaneously:
| Track | Purpose | Filed By | Outcome |
|---|---|---|---|
| Criminal case | Punish the offender | State (prosecution) or victim | Imprisonment, fine, acquittal |
| Civil case | Compensate the victim | Victim (plaintiff) | Monetary damages |
Important: A criminal acquittal does not prevent civil recovery — the standard of proof is lower in civil cases (balance of probabilities vs beyond reasonable doubt). See legal procedures for both tracks.
As a leading law firm in Nepal, Alpine Law Associates provides comprehensive legal support in hurt cases:
- For victims: FIR registration, medical documentation, court representation, compensation claims
- For accused: Defense strategy, bail applications, evidence challenge, trial representation
- Evidence collection: We secure CCTV, witness statements, and forensic evidence
- Dual proceedings: We handle both criminal and civil litigation simultaneously
- Appeals: We challenge unfair convictions at High Court and Supreme Court
Contact us at +977-9841114443 or visit Anamnagar-29, Kathmandu.
Disclaimer:
This article is intended solely for informational purposes and should not be interpreted as legal advice, advertisement, solicitation, or personal communication from the firm or its members. Neither the firm nor its members assume any responsibility for actions taken based on the information contained herein.