Hurt.docx

Kinds of Hurt and it's Punishments 1. INTRODUCTION Section 332 to 337 of PPC explains the definition, punishment and different kinds of hurt. Hurt is ham caused to the human body other than death. It has different kinds such as itlaf-udw, shajjal, jurh, Salaliyat-udw etc.

2. RELEVANT PROVISIONS The relevant provisions regarding the concerned topic are as under: Sections 332 to 337 PPC.

3. MEANING OF HURT Hurt means causing of bodily injury resulting either in, bodily pain, disease or infirmity.

4. DEFINITION OF HURT U/ SEC 322(1) Whoever causes pain, harm disease i or injury to any person or impairs, disables or dismembers any organ of the body or part -thereof any person without causing his death, is said to cause hurt.

5. KINDS of HURT Following are the kinds of hurt.

I. IfiLAF-UDW i. Literal Meaning The word Itlaf means to destroy and Udw means limb or organ.

ii. Meaning U/sec. 333 Whoever dismembers, amputates severs any limb or organ of.. the body of another person is said to cause ItlalPladw.

(iii) Punishment U/sec. 334 Whoever by doing any act with the intention of thereby causing hurt to any person or with :he knowledge that he is likely to cause hurt to any person causes itlaf-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 officer to appear as a witness to give opinion, whether Qisas will be executable keeping in view principles of equality.

Illustration An offender inflicts single blow with sword resulting in amputation of one-fourth of left forearm. The punishment of Qisas will be executable only if the authorized medical officer gives an opinion that similar result could possibly be achieved without any additional damage to the offender:

b. Arsh, if the Qisas is not executable and it is mandatory upon the Court and may also be punished with imprisonment of description for a term which may extend to ten years as tazir and it is discretionary with the Court.

II. ITLAF-I-SALAHIYAT-I-UDW a. Meaning, u/sec. 335: Itlaf-i-Salahiyat-i-udw means destroying or permanently impairing the functioning power or disfigurement of some organ.

b. Punishment u/sec. 336 The punishment for itlaf-i-Salahiyat-i-udw is the same as provided for itlaf-i-udw in sec. 334.

III. SHAJJAH a. Literal Meaning

It is an Arabic word which means injuries on head or face.

b. Meaning U/sec, 337(1) Any hurt on the face or head of a person which does not amount to Itlaf-i-tukw or Itlaf-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 simple hurt by any weapon on head or face without exposing bone of the victim. Punishment U/sec. 337A (I)

(b) Shajjah-i-Mudihali It means simple hurt by any weapon on head or face where though bone is exposed but no fracture is caused.

Punishment U/sec. 337A (ii) The person causing it shall. be punished with Qisas after consultation with the authorized medical officer and if it is not executable; the convict shall be liable to Arsh which shall be five percent of value of Diyat and ,may also be pushed with ,imprisonment of either description for a term , which may extend to five years as tazir.

c. Shajjah-i-Hashimah It is grievous hurt by any wca;'3ii on head or face resulting in ,fracture of bone of the victim without dislocating it.

Punishment. U/sec. 337A (iii) The person causing it shall be liable to Arsh which shall be tell percent of. the Diyat and may also be punished with imprisonment of either description for a term which may extend to tm years as Tazir.

d. Slukijah-i-Munacmilah It is grievous hurt by any weapon on head or face, resulting in fracture and dislocation of bone of victim.

Punishment U/sec 337A (iv) The person causing it shall be liabb, Arsh which shall be 15% of the Diyat to may also be punished with imprisonment of either description for a term Which extend to ten year as Tazir.

e. Shajjah-i-Ammah It is grievous hurt' by any weapon causing fracture of the skull of the victim and the wound touches the membranes of the brain.

Punishment U/sec337A (v) The person causing it 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 term which may extend to fourteen years as tazir.

f. Shajjah-i-Damighah It is grievous hurt by any weapon causing fracture of the skull of the victim and the wound ruptures the membrane of the brain.

Punishment U/sec 337A (vi)

The person causing it shall liable to Arsh which shall one-half of Diyat and may also be punished with imprisonment of either description or a term which may extend to fourteen years as tazir.

IV. JURH

a. Literal Meaning The word jursh is derived from the word jarroh which means injury.

b. Meaning U/sec. 337-B(1) Jurh means injury on any part of the body of person, other than the head or face, which leaves a mark of the wound whether temporary or permanent.

A. Kinds of Jurh U.sec 337-B(2) i. Jaifah U/sec 337-C Whoever causes jurh in which the injury extends tot he body cavity of the trunk, is said to cause jaifah.

(ii) Ghayr-Jaifah U/Sec. 337-E Any hurt which does not amount to jaifh is called Ghayr-jaifah.

Kinds of Ghayr-Jaifah 1. Damlyah It is an injury in which the skin is rupturd bleeding occurs.

2. Badiyah it is an injury by cutting or incising the flesh without exposing the bone.

3. Mutalahima It is an injury by lacerating the flesh.

4. Mudihah It is an injury be exposing the bone.

5. Muanaqqilah It is an injury by fracturing and dislocating the bone.

Punishment of Ghayr-Jaifah u/sec 337-F If a person with the intention or knowledge of causing hurt causes any of Ghyr-jaifah injuries shall be punished as under:

a. Punishment for Damiyah. He 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.

b. Punishment for Badiah and Mutalahimah: He 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.

c. Punishment for mudihah and ilashimah He shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five year as tazir.

d. Punishment for Munaqqilah He shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to seven year as tazir.

V. ALL KINDS OF 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 20 days or more or renders him unable to follow the ordinary pursuits for 20 days or more is covered by the other hurt and shall be liable to be punished with 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.

6. ANALYSIS

In last to Conclude I can say that all the kinds of hurt mentioned in PPC are according to injunctions of Islam, and each offence is described explicitly and punishments of Arsh, Daman has been made as substantive offence.