Different Kinds Of Hurt
What is hurt and its different kinds? Discuss in detail.
Introduction
Under the Pakistan Penal Code, there are a lot of criminal acts as well as methods of commission of such acts are different. When someone causes an injury to any person or dismembers any organ of the body of any person, without causing his death, it is called hurt. In the case of qatal, the victim expires but in case of hurt, the victim remains from death. In case of hurt, various organs and parts of the human body have been defined separately. All injuries have different punishments according to the nature of the hurt
Meaning of Hurt
The term hurt is a legal term that means “to cause physical pain to somebody”
Definition of hurt
Hurt is one of the criminal acts that causes harm to the human body other than death
Essentials of hurt
The hurt is harm caused to the human body other than death. Following are the essentials of hurt
- Causing pain, Harm, or injury
- Causing Disease
- Causing disabling of any organ without death
- Causing dismembering of any organ without death
Kinds of hurt
Following are the five kinds of hurt under the Pakistan Penal Code. Details are as under
Itlaf-e-Udw
When someone dismembers any organ of the body of any other person without causing his death is called itlaf-e-udw
Punishment: in this case, the offender will be punished with Qisas but where Qisas are not executable, the offender will be punished with imprisonment which can be up to ten years as tazir
Itlaf-e-Salahiyat-e-Udw
When someone destroys the power of any organ of the body of any other person without causing his death is called itlaf-e-Salahiyat-Udw
Punishment: in this case, the offender will be punished with Qisas but where Qisas are not executable, the offender will be punished with imprisonment which can be up to ten years as tazir
Shajjah
When someone causes harm on the head or face of any other person without causing his death, which does not amount to itlaf-e-udw and itlaf-e-salahiyat-e-udw, is called Shajjah
Following are the kinds of shajjah which are six provided in the Pakistan Penal Code, these are different types of injuries on the head and face
Shajjah-e-Khafifa
When someone causes harm by a weapon on the face or head of any other person without exposing the bone of the victim
Shajjah-e-Mudihah
When someone causes harm by a weapon on the face or head of any other person, but one of the victims is exposed
Shajjah-e-Hashima
When someone causes harm by a weapon on the face or head of any other person, resulting in a fracture of the bone of the victim without dislocating it
Shjjah-e- Munaqillah
When someone causes harm by a weapon on the face or head of any other person, resulting in a fracture of the bone of the victim by dislocating it
Shajjah-e-Aima
When someone causes harm by a weapon on the face or head of any other person, resulting in a fracture of the skull of the victim, where the wound touches the membrane of the brain
Shajjah-e-Damiyah
When someone causes harm by a weapon on the face or head of any other person, resulting in a fracture of the skull of the victim, where the wound breaks the membrane of the brain
Jurh
When someone causes harm to the body of any other person other than the head or face, which leaves a temporary or permanent mark of the wound on the body, is called Jurh
Following are the kinds of Jurh
Jaifah
When someone causes injury to the body cavity or trunk of any other person, is called Jaifa
Ghair Jaifah
When someone causes injury which does not come under the category of jaifa, is called Ghair Jaifah
Ghair Jaifah has more than six kinds. Details are as under
Damiyah
In which the skin of the injured person is ruptured and bleeding occurs, is called Damiyah
Badiah
In which the skin of the injured person is cut without exposing the bone of the victim is called Badiah
Mutlahima
In which the skin of the injured person is scratched is called Mutlahima
Mudihah
In which the bone of the injured person is exposed is called Mudihah
Hashima
In which the bone of the injured person is fractured without dislocating, is called Hashima
Munaqillah
In which the bone of the injured person is fractured as well as dislocated, is called Hashima
All other kinds of Hurt
Following are the other kinds of hurt under the Pakistan Penal Code, details are under
Hurt by Negligent driving
When someone causes harm to any other person by negligent driving, in this case, the accused will be punished according to the nature of harm under PPC by Tazir
Hurt by Negligent act other than driving
When someone causes harm to any other person by a negligent act other than driving, in this case, the accused will be punished according to the nature of the harm under PPC by Tazir which can be imprisonment, fine, or both
Hurt caused by a mistake
When someone causes harm to any other person by mistake, in this case accused will be punished according to the nature of the harm under PPC
Hurt using poison
When someone causes harm to any other person by using poison, in this case, the accused will punished with imprisonment which is up to ten years
Conclusion
Under the Pakistan Penal Code, there are two major types of injuries, one of them is on the head or face and 2nd is an injury on the body of another person, There are under P.P.C different punishments have been defined according to the nature of harm, punishment under P.P.C can be imprisonment, fine, or both. The accused can be punished with Qisas as well as Under P.P.C as Tazir against his harm committed against any other person