Hurt and its kinds and punishment

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.

Section 332 to 337 P.P.C.

3. Definition Of Hurt U/Sec 332(I):

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.

4. Kinds Of Hurt U/Sec 332(2):

Following are the kinds of hurt.

(i) 1tlaf-Ude

(ii) 1tlaf i- Salahiyat-1-Udw

(iii) Shajjah

(iv) Jurh

(v) All kinds of other hurt

(I) 1tlaf-I-Udw:

(i) Litearl Meaning:

The word 1tlaf 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 1taf-i-udw.

(iii) Punishment U/sec 334:

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:

1tlaf i- salahiyat-1-udw means destroying or permanently impairing the functioning

power or capacity of a person or casing permanent disfigurement of some organ.

(ii) Punishment U/sec 336:

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:

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

(ii) Meaning U/sec 337:

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.

(iii) Kinds of Shajjah U/sec 337(2):

Following are the kinds of 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.

Punishment causing it , shall be liable to daman , which is mandatory and is to be

finds by court in its discretion and may also be punished with imprisonment of
either description for a term which may extend to two years as Tazir.

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.

Punishment U/sec 337-A(ii):

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

It is grievous hurt by any weapon on head or face, resulting in fracture of bone of

the victim without dislocation it.

Punishment U/sec 337-A(iii):

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:

It is grevious hurt by any weapon on head or face, resulting in fracture and

dislocation of bone of victim.
Punishment U/sec 337-A(iv):

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.

Punishment U/sec 337-A(v):

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.

Meaning U/sec 337-B(1):

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.

Kinds of Jurh U/sec 337-B(2):

(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

PLD 1998 LAH 84

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.

Punishment for Jaifah U/sec 337-D:

The person causing it, with the intention or knowledge of hurt to a hurt to a person,
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
ten years as tazir.

Kinds of Chayr- Jaifah:

Following are the kinds of Ghayr-jaifah.

1. Damiyah:

It is injury in which the skin is rupturd and blessing occurs.

2. Badiyah:

It is a injury by cutting or incising the flesh without exposing the bone.

3. Mutalahima:

It is a injury by lacerating the flesh.

4. Mudihah:

It is injury be exposing the bone.

5. Muanaqqilah:

It is a injury by fracturing and dislocation the bone.

Punishment of Ghayr-Jaifh 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.

Punishment for Damiyah:

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.

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 there years as tazir.

punishment for Mudihah and Hashimah:

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.

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 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.