BACK TO SECTIONS(2001) 3 SCC 673
BailableCognizable: Non-CognizableAny Magistrate
THE STATUTE
Original Text
Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
Simplified
Section 319 defines hurt in three ways: bodily pain (any physical pain, however temporary — no visible injury required), disease (any pathological condition transmitted through the accused's act), and infirmity (temporary or permanent reduction in physical capacity). A slap causing pain is hurt even without a bruise. This foundational definition feeds into: Section 321/323 (voluntarily causing hurt), Section 324 (by dangerous weapon), Section 325 (grievous hurt), and all escalating variants.
Legal Evolution
Section 319's definition of 'hurt' as bodily pain, disease, or infirmity has remained unchanged since 1860, providing the foundational concept for the IPC's entire scheme of offences against the person. Drawn from English common law assault and battery, it was deliberately framed broadly to encompass both physical injury and transmission of disease. Courts have included both transient and permanent harms within its scope, and the Supreme Court has held that mental anguish alone does not constitute 'hurt' under this provision.
Landmark Precedents
Suresh v. State of UP (2001)
RELEVANCE
Reaffirmed that 'hurt' under Section 319 includes causing disease — STI transmission through sexual assault constitutes hurt, supporting enhanced sentencing in such cases.
Practical Scenarios
"A punch that causes pain but leaves no mark — hurt under Section 319."
"Spraying a caustic chemical causing temporary skin irritation — hurt."
Common Queries
No — 'bodily pain' even without any visible mark constitutes hurt under Section 319.