Nature of Injuries

Nature of the injuries is to be determined taking into consideration the intense suffering to which it gives rise and the serious disability which it causes to the sufferer. However, in clause Seventhly of Section 302 Indian Penal Code, as the term “fracture”, has been referred to, it may be necessary that the bone is broken. Mere abrasion would not amount to fracture. Even a cut that does not go across the bone cannot be termed as a fracture of the bone. But if the injury is grave even a partial cut of the skull vault (root or chamber) may amount to a fracture. However, Clause Eighthly of Section 302 Indian Penal Code refers to the injuries which are not covered under any of the above clauses Firstly to Seventhly of the Section. However, it labels the injuries as grievous if it endangers life or it causes the sufferer to be during the space of 20 days in severe bodily pain or which causes the sufferer to be during the space of 20 days unable to follow his ordinary pursuits and all the three clauses have to be read independently. There is a very thin and subtle demarcation line between “hurt which endangers life” and “injury as is likely to cause death”. Sompal Singh and another v. State of Uttar Pradesh, (2014) 7 SCC 316.

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