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Indian Journal of Forensic Medicine and Pathology

Volume  10, Issue 2, April - June 2017, Pages 103-107
 

Review Article

Grievous Hurt Eighth Clause: Medico-Legal Considerations

Mohit Gupta*, Sanjay Kumar*, Abhishek Yadav**, Manish Kumath***, Upender Kishore***

*Associate Professor ***Professor, Department of Forensic Medicine, VMMC & Safdarjung hospital, New Delhi – 110029, India. **Assistant Professor, Department of Forensic Medicine, AIIMS, New Delhi – 110029, India

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DOI: http://dx.doi.org/10.21088/ijfmp.0974.3383.10217.20

Abstract

Grievous hurt as defined in Section 320 Indian Penal Code (IPC) has 8 clauses. Out of these the eighth clause is one, interpretation of which confounds most individuals, doctors and judiciary. A doctor may be tasked with opining whether a hurt is grievous or not based on the eighth clause. A clear understanding of law with application of medical science helps the doctor to opine clearly thereby helping the law enforcers in administration of justice. The lack of proper documentation or clear opinion on the other hand hinders justice and can result in judgements where the medical evidence is not correctly inferred by the judiciary. This article highlights the eighth clause of grievous hurt, its interpretation by courts and the precautions that should be followed by the medical man in interpreting and opining grievous hurt as per eighth clause.

Keywords: Grievous Hurt; Endangering Life; Severe Bodily Pain; Ordinary Pursuits of Life.

 


Corresponding Author : Mohit Gupta, Associate Professor, Department of Forensic Medicine, Vardhman Mahavir Medical College & Safdarjung Hospital, New Delhi- 110029, India.