BACK TO SECTIONS(2014) 4 SCC 427
BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original Text
The following kinds of hurt only are designated as 'grievous': First. Emasculation. Secondly. Permanent privation of the sight of either eye. Thirdly. Permanent privation of the hearing of either ear. Fourthly. Privation of any member or joint. Fifthly. Destruction or permanent impairing of the powers of any member or joint. Sixthly. Permanent disfiguration of the head or face. Seventhly. Fracture or dislocation of a bone or tooth. Eighthly. Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
Simplified
Section 320 defines grievous hurt by listing eight exclusive categories — ONLY these constitute grievous hurt. The most commonly charged category is the Seventh: fracture or dislocation of a bone or tooth — even a single broken finger or tooth elevates the charge from Section 323 (1 year, non-cognizable) to Section 325 (7 years, cognizable). The Eighth category is the catch-all: any hurt endangering life OR causing 20+ days of severe pain or inability to follow ordinary pursuits. The Sixth category (permanent disfiguration) covers acid attacks. The BNS adds acid attack as an explicitly listed ninth category.
Legal Evolution
Section 320's exhaustive list of eight types of 'grievous hurt' was carefully drafted by Macaulay to provide objective criteria distinguishing serious from minor bodily harm. The enumeration — emasculation, eye injury, ear injury, permanent disfigurement, bone fracture, tooth fracture, head or trunk injury endangering life, severe bodily pain for twenty days — reflects 19th-century medical understanding of serious injury. Courts have held that the list is exhaustive; injuries not falling within these categories cannot constitute grievous hurt regardless of their severity.
Landmark Precedents
Laxmi v. Union of India (2014)
RELEVANCE
PIL on acid attacks — directed stricter acid sales regulation and enhanced punishment; built on the Section 320 permanent disfigurement framework.
Practical Scenarios
"Breaking an arm in a fight — grievous hurt (7th category, fracture)."
"Acid attack causing permanent facial scarring — grievous hurt (6th category, permanent disfiguration)."
"Injury causing complete blindness in one eye — grievous hurt (2nd category)."
Common Queries
Yes — fracture or dislocation of a bone or tooth is the 7th category. Even a hairline fracture or broken tooth qualifies, changing the charge from Section 323 (1 year) to Section 325 (7 years).