Understand Hurt and Its Kinds

The legal meaning of hurt is any physical harm caused to another person, except for causing death. Under Section 332, hurt is defined as causing pain, dislocating or cutting body parts, exposing bones, or causing fractures. All these types of injuries are legally categorized under this section.

Types of Hurt Under PPC

There are five types of hurt mentioned under Section 332, Subsection 2 of PPC.

1. Itlaf-i-Udw (Destruction of a Limb or Organ)

  • This refers to the complete destruction of any limb or organ of a person.
  • Dealt under: Section 333 of PPC.
  • Punishment: Section 334 of PPC – Qisas (compensation) or 10 years imprisonment.

2. Itlaf-i-Salahiyat-i-Udw (Loss of Function of an Organ)

  • This means destroying the functioning power of an organ, making it weak, deformed, or non-functional.
  • Dealt under: Section 336 of PPC.
  • Punishment: Arsh (compensation) and imprisonment.

3. Shajjah (Injury to the Head or Face)

  • Derived from Arabic, meaning injury on the head or face.
  • Dealt under: Section 337A, with six subcategories:
  1. Khafifah: Minor scratch or wound (Section 337A(1)).
    • Punishment: Daman (fine) or 2 years imprisonment.
  2. Mudiha: Bone is exposed but not fractured (Section 337A(2)).
    • Punishment: Daman or imprisonment.
  3. Hashimah: Bone is fractured but remains in place (Section 337A(3)).
    • Punishment: 5 years imprisonment.
  4. Munaqqilah: Bone is fractured and dislocated(Section 337A(4)).
    • Punishment: 1/5th of Arsh + 10 years imprisonment.
  5. Ammah: Injury reaches the membrane of the brain but does not rupture it (Section 337A(5)).
    • Punishment: 1/3rd of Arsh + 10 years imprisonment.
  6. Damighah: The brain membrane is ruptured(Section 337A(6)).
    • Punishment: 1/2 of Arsh + 14 years imprisonment.

Trick to Remember These Punishments

Memorize the first letters of the six subcategories:
K – M – H – M – A – D (Khafifah, Mudiha, Hashimah, Munaqqilah, Ammah, Damighah).

Punishment Pattern: 2 – 5 – 10 – 14

  • Two years (minor injuries).
  • Five years (bone fractures).
  • Ten years (serious fractures).
  • Fourteen years (severe brain injuries).

4. Jaifah (Injury to the Body Cavity)

  • Injury inside the body trunk (stomach, chest, abdomen).
  • Dealt under: Section 337C of PPC.
  • Punishment: Arsh + 10 years imprisonment.

5. Ghair Jaifah (Injury to Other Body Parts)

  • Injury to any body part except the head, face, and trunk.
  • Dealt under: Section 337F, with six subcategories:
  1. Damiyah: Skin is ruptured, and bleeding starts.
    • Punishment: 1 year imprisonment + Daman.
  2. Badiyah:Flesh is cut, but the bone is not exposed.
    • Punishment: 3 years imprisonment + Daman.
  3. Mutalima:Flesh is torn apart.
    • Punishment: 3 years imprisonment + Daman.
  4. Mudiha:Bone is exposed but not fractured.
    • Punishment: 5 years imprisonment + Daman.
  5. Hashimah:Bone is fractured but not dislocated.
    • Punishment: 5 years imprisonment + Daman.
  6. Munaqqilah:Bone is fractured and dislocated.
    • Punishment: 7 years imprisonment + Daman.

Trick to Remember Ghair Jaifah Punishments

Pattern: 1 – 3 – 3 – 5 – 5 – 7

  • One year for minor injuries.
  • Three years for flesh wounds.
  • Five years for fractures.
  • Seven years for dislocated fractures.

Conclusion

Understanding hurt and its legal consequences under PPC Section 332 is crucial. Understanding the classifications and punishments for different types of hurt is essential in legal proceedings. The Pakistan Penal Code has clearly outlined these laws to ensure justice and fairness. The severity of the punishment depends on the nature of the injury, ensuring that offenders are held accountable accordingly.

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