The Concept of Grievous Hurt in the Penal Code of Sri Lanka

THE CONCEPT OF GRIEVOUS HURT IN THE PENAL CODE OF SRI LANKA

Definition of Hurt

  • According to The Penal Code of Sri Lanka, specifically Section 310 of Chapter 16:

    • Defined as: "Whoever causes bodily pain, disease, or infirmity to any person is said to cause ‘hurt’."

Classification of Injuries

  • Injuries can be classified into the following categories:

    1. Non-grievous hurt

    2. Grievous hurt

    3. Fatal in the ordinary course

    4. Necessarily fatal

Grievous Hurt as Defined by Penal Code

  • Section 311 of the Penal Code defines grievous hurt. It includes nine limbs:

    1. (a) Emasculation

    2. (b) Permanent privation or impairment of the sight of either eye

    3. (c) Permanent privation or impairment of the hearing of either ear

    4. (d) Privation of any member or joint

    5. (e) Destruction or permanent impairment of the powers of any member or joint

    6. (f) Permanent disfiguration of the head or face

    7. (g) Cut or fracture of bone, cartilage or tooth, or dislocation or subluxation of bone, joint or tooth

    8. (h) Any injury which endangers life or, in consequence of which an operation involving the opening of the thoracic, abdominal or cranial cavities is performed

    9. (i) Any injury which causes the sufferer to be in severe bodily pain or unable to follow his ordinary pursuits, for a period of twenty days either because of the injury or any operation necessitated by the injury

Details of Each Limb of Grievous Hurt

(A) Emasculation

  • Defined as a complete removal of male genitalia, rendering a male ineffective in sexual reproduction.

(B) Permanent Privation or Impairment of the Sight of Either Eye

  • This refers to any injury that permanently impairs or completely eliminates the functionality of vision in one or both eyes.

(C) Permanent Privation or Impairment of the Hearing of Either Ear

  • Similar to the previous, this encompasses any sustenance that causes total or substantial loss of hearing in one or both ears permanently.

(D) Privation of Any Member or Joint

  • Defined as the loss or removal of a limb or the complete loss of joint function.

(E) Destruction or Permanent Impairment of the Powers of Any Member or Joint

  • This concept refers to complete or irreversible damage to a limb or joint's functionality which may not involve loss of the member itself but results in severe limitations.

(F) Permanent Disfiguration of the Head or Face

  • This includes any substantial alteration to the normal appearance of the head or facial features which may affect one’s attractiveness or social acceptance.

(G) Cut or Fracture of Bone, Cartilage or Tooth, or Dislocation or Subluxation of Bone, Joint or Tooth

  • This limb represents injuries that involve significant physical damage to the skeletal structure.

(H) Any Injury Which Endangers Life or Consequence of Which an Operation Involving Opening of the Thoracic, Abdominal or Cranial Cavities is Performed

  • This includes injuries that, if not treated through surgical intervention, would likely lead to loss of life.

  • ### (I) Any Injury Which Causes the Sufferer to be in Severe Bodily Pain or Unable to Follow His Ordinary Pursuits, for a Period of Twenty Days Either Because of the Injury or Any Operation Necessitated by the Injury

    • This refers to injuries that inflict substantial pain lasting a minimum of twenty days, severely curtailing one’s ability to perform routine activities.