Greivous Hurt: Explained

Even if you have already decided not to bother about the contents of  the Sri Lankan Penal Code (SLPC) as being an irrelevant document for a practising doctor one cannot deny the importance of understanding different types of 'grievous hurt' given in the Section 311, at least  for the doctors who are engaged in medico-legal duties such as MOs-Medico-Legal, MOs-IC of peripheral units and DMOs and, of course the JMOs.

No body would fall in love with the Section 311 at first sight, especially as it is fraught with many confusing terminology. Most of these words are part of the legal jargon but as doctors we find them 'indigestible' so to speak.  

The word privation used in a few places means 'an act, condition, or result of deprivation or loss'.The word 'member' is used in two limbs. It means 'a part or an organ of human or animal body such as an arm or limb or penis (http://www.thefreedictionary.com/member). The rest of the words should not give any problems as far as the meanings are concerned.

Limb (a). Emasculation

Emasculation literally means castration or loss of virility (the ability to engage in sexual intercourse and produce children). This can be achieved either by physical removal of a man's genitals (penis and testicles or either of them) or depriving functionality of his genitals and making him impotent or sterile even if the genitals are physically present e.g. damage to spinal cord or nerves causing impotence, sterility from injury to testicles.

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

I hope this is easy to understand. If the vision of an eye is totally lost or impaired permanently it comes under this limb. It is the examiner's responsibility to make sure that the defect is permanent. Eye surgeons opinion has to be sought and the patient should be reviewed until the defect seems to be permanent.

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

This should not cause any problem.

Limb (d). Privation of any member or joint

This deals with physical loss of joints and members such as hands, feet, or a limb. Somebody might argue that this also deals with 'functional' loses as privation may not mean only physical loss. Since functional losses are covered in the next limb it does not matter this limbs deals with it or not.

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

This deals with functional losses, both total (destruction) and partial (impairment) of members and joints.

This limb can be subdivided into four parts.

1. Destruction of the powers of any member

2. Destruction of  the powers of any joint

3. Permanent impairment of the powers of any member

4. Permanent impairment of the powers of any joint t

• Total loss of sense of smell due to injury to olfactory nerve following a head injury - Destruction of powers of a member
• Loss of sensation of a hand following neck injury - Permanent impairment of the powers of a member
• Ankylosis of the elbow joint following injury - Destruction of the powers of a joint
• Restriction of the movement of elbow joint following burn contracture - Permanent impairment of powers of a joint

In all these instances the member or joint is physically present but their functionalities are either totally lost or impaired permanently.

Limb (f). Permanent disfiguration of head or face

When an injury causes the skin to be breached (incised and lacerated wounds) it is likely that healing will result in a scar. When this scar disfigures head or face the injury should be categorised as  'grievous'.  Unlike the rest of the limbs this assessment is simply subjective. A disfigurement for one may not be so for another. The doctor does not have a set of objective criteria. He/she might consider many factors such as age, sex, occupation, etc. in deciding whether a scar is disfiguring. For instance, a disfiguring small scar on the nose of a young girl may not be so on the nose of a middle aged man.

Some injuries may be so severe that the doctor may not have to wait till the scar is formed to decide whether it is disfiguring. In not so easy cases the patient should be reviewed until the healing process is complete. The availability of plastic surgery should not be considered. What if the patient had not sought medical assistance when he/she got injured resulting in a severe scar tissue formation? It is my opinion that the doctor should decide whether the scar, as it is now, disfigures and the write in the remarks column that the lack of medical intervention is the likely reason for such a severe scar tissue formation.

Limb (e). Cut or fracture of bone, cartilage or tooth or dislocation or subluxation of bone, joint or tooth

This limb includes

1. Cuts of bones, cartilages and teeth

2. Fractures of bones, cartilages and teeth

3. Dislocations of bones, joints and teeth

and

4. Subluxations of bones, joints and teeth.

Limb (f). Injury endangers life or as a consequence of which an operation involving the opening of thoracic, abdominal or cranial cavities is performed.

This limb has two parts.

1.  Injury endangers life.

2.  Injury, as a consequence of which an operation involving the opening of thoracic, abdominal or cranial cavities is performed.

We have already discussed the first one. The second one needs little bit of explanation I guess. This covers the situations where the 'original' injury is non-grievous but it has become 'grievous' because a body cavity has been opened by the 'surgeon' to exclude internal organ damage or/and haemorrhage. A person was assaulted on the abdomen and admitted to the surgical casualty. The surgeon suspecting an intra-abdominal emergency operated on him only to find nothing. Even if the abdominal wall injury is non-grievous it will become grievous because of the surgical exploration of the abdomen.

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

The two parts of this limb are :-

1. Any injury which causes sufferer to be in severe bodily pain for a period of twenty days either because of the injury or any operation necessitated by the injury.

2. Any injury which causes sufferer to be unable to follow his ordinary pursuit for a period of twenty days either because of the injury or any operation necessitated by the injury.

The doctor's responsibility in terms of this limb is to make sure the patient in fact suffers from 'severe' bodily pain for more than 'twenty' days. Just because the patient is in the ward for twenty days doctor should not make the injury 'greivous'.

With regard to the second part the ordinary pursuit it should be viewed subjectively. One person's ordinary pursuits may be different from another. (Pursuit is defined as an activity engaged in regularly.)

I hope this will help you in understanding this very important section of the penal code.

Priyanjith Perera

31/12/2012