Introduction:

Hurt is the harm caused to human body other than death. Causing of hurt to another person is an offence under Pakistan Penal code. In Qatl victim is deprived of his life but in case of hurt he is to suffer bodily harm other than death.

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Relevant provision:

Section 332 to 337 deal the term hurt under Pakistan Penal Code, 1860.

Definition of hurt

Under section 332 of 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 kinds of hurt

• Itlaf-i-udw
• Itlaf -i- salahiyyat-i-udw
• Shajjah
• Jurh; and
• All kinds of hurt.

Itlaf-i-udw under section 333 of P.P.C:

Whoever dismembers, amputates, severs any limb or organ of the body of another person is said to cause Itlaf-e-udw.

Explanation:

the offence signifies destruction or amputation of any member of joint in the body. It falls within the ambit of grievous hurt.

For example: the offence of chopping off and mutilating the nose of the victim with a knife falls under this section for causing hurt in nature of itlaf-e-udw.

Punishment of Itlaf-i-eudw under section 334 of P.P.C:

Whoever by doing any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person causes itlaf-e-udw of any person, 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 woth the injunctions of Islam, the offender shall be laible to arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as tazir.

Itlaf-i-salahiyyat-i-udw

Under section 335 of P.P.C:

Whoever destroys or permanently impairs the functioning, power or capacity of an organ of the body of another person, or causes permanent disfigurement is said to cause itlaf-e-salahiyyat-i-udw.

Punishment of itlaf-i-salahiyyat-i-udw

Under section 336 of P.P.C:

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 itlaf-e-salahiyyat-i-udw of any

person, 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, 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.

Difference between itlaf-e-udw and itlaf-e-salahiyyat-i-udw:

Itlaf-e-udw

Itlaf-e-salahiyyat-i-udw

·         Section 333 of the Penal Code relates to itlaf-i-udw. It provides that whoever dismembers, amputates, severs any limb or organ of the body of another person is said to cause Itlaf-i-udw. ·         The offence of chopping off and mutilating the nose og the victim with a knife falls under this section for causing hurt in the nature of itlaf-i-udw.

·         By virtue of section 335 whoever destroys or permanently impairs the functioning, power of capacity of an organ of the body of another person, or cause permanent disfigurement is said to cause itlaf-i-salahiyyat-i-udw. ·         The offence of itlaf-i-salahiyyat-i-udw covers privation of sight of either eye, hearing of either ear, or of any member or joint, cutting of any lip, loss of sexual power, cutting of nose or permanent loss of tooth etc.

Hurt caused by corrosive substance

Under section 336-A of P.P.C:

Whoever with the intention of knowingly causes or attempts to cause hurt by means of a corrosive substance or any substance which is deleterious to human body when it is swallowed, inhaled, comes into contact or received into human body or otherwise shall be said to cause hurt by corrosive substance.

Punishment of hurt by corrosive substance

Under section 336-B of P.P.C:

Whoever causes hurt by corrosive substance shall be punished with imprisonment for life or imprisonment of either description which shall not be less than fourteen years and a minimum fine of one million rupees.

Shajjah under section 337 of P.P.C:
whoever causes, on the head or face of any person, any hurt which does not amount to itlaf-e-udw or itlaf-e-salahiyyat-i-udw, is said to cause shajjah.

Kinds of shajjah:

The following are the kinds of shajjah, namely:

• Shajjah-i-khafifah
• Shajjah-i-mudihah
• Shajjah-i-hashimah
• Shajjah-i-munaqillah
• Shajjah-i-ammah
• Shajjah-i-damighah
• Shajjah-i-khafifah:

Shajjah-i-khafifah is an injury on head or face where bone of the victim is not exposed.

Punishment under section 337A(i):

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.

• Shajjah-i-mudihah:

Shajjah-i-mudihah is an injury on head or face of the person where bone of the victim is exposed, but not dislocated.

Punishment under section 337A(ii):

The convict shall, after consulting 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, the convict shall be liable to arsh which shall be five per cent of the diyat and may also be punished with imprisonment of wither description for a term which may extend to five years as tazir.

• Shajjah-i-hashimah:

Shajjah-i-hahimah is an injury on head or face of the person where bone of the victim is dislocated.

Punishment under section 337A(iii):

The convict shall be liable to arsh which shall be ten per cent of the diyat and may also be punishment with either description for a term which may extend to ten years as tazir.

• Shajjah-i-munaqqillah:

Shajjah-i-munaqqillah is an injury on the head or face of the person where bone of the victim is fractured but not dislocated.

Punishment under section 337A(iv):

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.

• Shajjah-i-ammah:

Shajjah-i-ammah is an injury on head of the person where bone of the skull of the victim is fractured so that the wound touches the membrane of the brain.

Punishment under section 337A(v):

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 fourteen years as tazir.

• Shajjah-i-damighah:

Shajjah-i-damighah is an injury on head of the person where bone of the skull of the victim ruptures the membrane of the brain.

Punishment under section 337A(vi):

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 tazir.

Jurh under section 337B-B of P.P.C:

Whoever causes on any part of the body of the person, other than the head or face, a hurt which leaves a mark of the wound, whether temporary or permanent, is said to cause jurh.

Kinds of jurh:

Jurh is of two kinds, namely:

• Jaifah
• Ghayr-jaifah

Jaifah under section 337-C of P.P.C:

Whoever causes jurh in which the injury extends to the body cavity of the trunk, is said to cause jaifah.

Ghayr-jaifah under section 337-D of P.P.C:

Whoever cause jurh which does not amount to jaifah, is said to cause ghayr-jaifah.

Kinds of ghayr-jaifah:

• Damiyah

Whoever causes ghayr-jaifah in which the skin is ruptured and bleeding occurs, is said to cause damiyah.

Punishment under section 337-F(i):

The convict shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to one year as tazir.

• Badi’ah

Whoever causes ghayr-jaifah by cutting or incising the flesh without exposing the bone, is said to cause badi’ah.

Punishment under section 337-F(ii):

The convict shall eb liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as tazir.

• Mutalahimah:

Whoevr causes ghayr-jaifah by lacerating the flesh, is said to cause mutalahimah.

Punishment under section 337-F(iii):

The convict shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as tazir.

• Mudihah

Mudihah is caused by exposing the bone.

Punishment under section 337-F(iv):

The convict 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.

• Hashimah

Hashimah is caused by fracture of a bone without dislocating it.
punishment under section 337-F(v):

The convict 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.

• Munaqqillah

It is caused by fracturing or dislocating the bone.

Punishment under section 337-F(vi):

The convict shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to seven years as tazir.

Punishment of hurt by rash or negligent driving

Under section 337-G:

Whoever causes hurt by rash or negligent driving shall be liable to arsh 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 five years as tazir.

Punishment of hurt by rash or negligent act:

Under section 337-H:

Whoever causes hurt by rash or negligent act, other than rash or negligent driving, shall be liable to arsh or damn 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 tazir.

(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 with fine, or with both.

Punishment of hurt by mistake (khata):

Under section 337-I:

Whoever causes hurt by mistake (khata) shall be liable to arsh or daman specified for the kind of hurt caused.

Punishment for other hurt:

Whoever causes hurt, not mentioned hereinbefore, which endangers life or which causes the sufferer to remain in severe bodily pain for twenty days or more or renders him unable to follow 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 subsection (1) shall be punished with imprisonment of either description for a term which may extend to two years, or with daman or with both.