What is injury, assault and hurt in medicolegal cases as per Indian penal code?
The words injury, assault and hurt are invariably used by doctors in hospital practice. Though used as synonymous, all these three words have different meaning in law. They are defined by Indian penal code as below: Injury: Section 44 IPC defines injury as any harm whatever illegally caused to any person in body, mind, reputation or property. Assault: Section 351 IPC defines assault as threat or attempt to apply force on the body of another in a hostile manner. It may be a common/simple assault or an intention to murder. Hurt: Section 319 IPC defines hurt as ‘whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.’
As doctors we deal with cases of hurt/body injury mean bodily pain, wound, disease or infirmity voluntarily caused to any person in medico–legal cases. These include abrasion, contusion, laceration, stab wound, electric shock, fire arm or ligatures etc resulting in human body injury.
The doctor who is certifying an injury report should keep in mind the Penal provision which is required by police to book the case as follows:
Simple injury: Section 323 of IPC
Simple injury caused by dangerous weapons: Section 324 of IPC
Grievous injury: Section 325 of IPC
Grievous injury caused by dangerous weapons: Section 326 of IPC
Dangerous injury: Section 307 IPC
Injury likely to cause death: Section 304 of IPC
Injury sufficient to cause death: Section 302 IPC
Causing hurt by means of poison: Section 328 of IPC
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