“Hurt” refers to causing physical pain, injury, or harm to another person. It includes any act that causes bodily pain, illness, or any impairment کمزوری of physical condition. The term encompasses احاطہ a wide range of actions, from minor injuries to severe harm, and can be intentional or unintentional.

Relevant Provision:

Following are the relevant provisions of P.P.C.

Section 332 to 337 P.P.C.

Definition of Hurt U/Sec 332(1):

According to this section, If someone causes pain, harm, illness, disability, or injury to another person without causing their death, or if they damage or remove a body organ or part, they are said to have caused hurt.

Kinds of Hurt U/S 332(2):

The following are the kinds of hurt:

(a) Itlaf-i-Udw

(b) Itlaf-I-Salahiyyat-I-Udw

(c) Shajjah

(d) Jurh ;and

(e) All kinds of other hurts.

Important: The word 1tlaf means to destroy and Udw means limb or organ.

(A) ITLAF-I-UDW U/S 333:

Whoever dismembers, amputates, severs any limb or organ of the body of another person is said to cause Itlaf i udw.

Punishment for itlaf-i-udw U/S 334:

Whoever by doing any act with the intention of thereby causing hurt to any person or with the knowledge that he is likely to cause hurt to any person causes 1ylaf-i-udw of any person shall be punished with:

1. Qisas: In consultation with the authorized medical officer, that is the court will require the authorized medical to appear as a witness to give opinion, in view principles of equality.

Illustration: An offender inflicts blow with sword resulting amputation of one- fourth of left forearm. The punishment of qisas will be executable only if the authorized medical officer an opinion the similar result could possibly be achieved without any additional damage to the offender.

• Arsh: If the qisas is not executable and is mandatory upon the court and may also be punished with a form of compensation or imprisonment either description for a term which may extend to ten years as a Tazir and it is discretionary with the court.

(B) ITLAF-I-SALAHIYYAT-I-UDW U/S  335:

The act of causing the destruction or permanent impairment کمزوری of the functioning, power, or capacity of an organ of another person’s body, or inflicting permanent disfigurement, is referred to as “itlaf I salahiyyat I udw.”

Punishment for itlaf i salahiyyat i udw U/S 336:

Any person who intentionally performs an action with the aim of causing harm to someone or with the awareness that it is likely to cause harm, resulting in the destruction or permanent impairment of any person’s organ, will be subject to punishment. The punishment will be determined by consulting the authorized medical officer. It can include retribution (qisas) if applicable and executable under the principles of equality according to Islamic teachings. If qisas is not applicable, the offender may be held accountable for “arsh,” a form of compensation, and may also face imprisonment for a period of up to ten years as determined by the judge (ta’zir).

(C) SHAJJAH U/S 337( 1 ):

It is an Arabic word which means injuries on head or face. According to Section 337 (1) of PPC :

Whoever causes, on the head or face of any person, any hurt which does not amount to itlafiudw or itlaf I salahiyyat iudw, is said to cause shajjah.

Kinds of Shajjah U/sec 337(2):

Following are the kinds of shajjah:

A. Shajjah-i-Khafifah

B. Shajjah-i-Mudihah

C. Shajjah-i-Hashimah

D. Shajjah-i-Munaqqilah

E. Shajjah-i-Ammah

F. Shajjah-i-Damighah

Shajjah-i-khafifah :

It means hurt by any weapon on head or face without exposing bone of the victim.

Punishment U/sec 337-A(i):

Shall be liable to daman , which is mandatory and is to be finds by court in its discretion and may also be punished with imprisonment of either description for a term which may extend to two years as Tazir.

Shajjah-i-Mudihah:

It means simple hurt by any weapon on head or face where thought bone is exposed but on fracture is caused.

Punishment U/sec 337-A(ii):

The person causing it shall be punished with qisas after consultation with the authorized medical officer and if it not executable, the convict shall be liable to Arsh which shall be five person of value of Diyat and may also be punished with imprisonment of either description for a team which may extend to five years as tazir.

Shajjah-i-Hashimad:

It is grievous دردناک hurt by any weapon on head or face, resulting in fracture of bone of the victim without dislocation it.

Punishment U/sec 337-A(iii):

The person causing it shall be liable to Arsh which shall be ten percent of the diyat and may also be punished with imprisonment of either description for a team which may extend to ten years as Tazir.

Shajjah-i-Munaqqilah:

It is grievous hurt by any weapon on head or face, resulting in fracture and dislocation of bone of victim.

Punishment U/sec 337-A(iv):

The person causing it shall be liable or arsh which shall be 15% of the diyat and may also be punished with imprisonment of either description for a term which may extend ten years as Tazir.

Shajjah-i-Ammah:

It is grievous hurt by any weapon causing fracture of the skull of the victim, where the wound touches the membrane of the brain.

Punishment U/sec 337-A(v):

The person causing is shall be liable to Arsh which shall be one-half of the diyat and may also be punished with imprisonment of either description for a team which may extend to fourteen years as tazir.

Shajjah-i-Damighah:

It is grievous hurt by any weapon causing fracture of the skull of the victim, so that the wound ruptures the membrane of the brain.

Punishment U/sec 337-A (vi):

The person causing it shall liable to arsh which shall one-half of diyat and may also punished with imprisonment of either description for a term which may extend to fourteen years as tazir.

(D) JURH U/S 337-B(1) :

The word jurh is derived from the word Jarroh which means injury. The act of causing an injury on any part of a person’s body, except the head or face, that results in a visible mark, whether temporary or permanent, is referred to as “jurh.”

Kinds of Jurh U/sec 337-B(2):

There are two kinds of Jurh:

• Jaifah
• Ghayr-Jaifah

(i) JaifahU/sec 337-C:

Whoever causes jurh in which the injury extends to the cavity of the trunk, is said to cause jaifah.

Case Law (PLD 1998 LAH 84)

Body cavity means a part of body under which vital organs are located and if an injury penetrates into the body cavity and then exters the pert of the body where in vital organ are located, lonely then that can be treated as Jaifah and punishment can be awarded accordingly.

Punishment for Jaifah U/sec 337-D:

The person causing it, with the intention or knowledge of hurt to a hurt to a person, shall be liable to arsh which shall be one-third of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as tazir.

Ghayr-Jaifah U/S 337-E(1):

Whoever causes jurh which does not amount to jaifah , is said to cause ghayr-jaifah.

Kinds of Ghayr- Jaifah:

Following are the kinds of Ghayr-jaifah.

1. Damiyah;
2. Badi’ah;
3. Mutalahimah;
4. Mudihah;
5. Hashimah; and
6. Munaqqilah.

1. Damiyah:

It is injury in which the skin is ruptured and bleeding occurs.

• Badiyah:

It is a injury by cutting or incising the flesh without exposing the bone.

• Mutalahima:

It is a injury by lacerating the flesh.

• Mudihah:

It is injury be exposing the bone.

• Muanaqqilah:

It is a injury by fracturing and dislocation the bone.

Punishment of Ghayr-Jaifh u/sec 337-F:

If a person with the intention or knowledge of causing hurt causes any of Ghyr-jaifah injuries shall be punished as under.

Punishment for Damiyah:

He shall be libel to daman and may also be punished with imprisonment of either description for a term which may extend to one year as tazir.

Punishment for Badiah and Mutalahimah:

He shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as tazir.

Punishment For Mudihah And Hashimah:

He shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years as tazir.

Punishment for Munaqqilah:

He shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to seven as tazir.

(E)ALL KINDS OF OTHER HURT:

A hurt which is not covered by any of the four clauses give above, and which endangers life or causes the sufferer to remain server bodily pain for 20 day or more or render him unable to follow the ordinary pursuits for 20 days or more, is covered by daman and may be imprisoned up to seven years, and if it is not of kind mentioned here before the punishment shall be imprisonment which may extend to two years or with daman or both.

Conclusion:

In conclusion, I can say that the penalties for causing harm have been established by law in compliance with the teachings of Islam. Each offense is clearly defined, and the punishment of Ars/Damann has been established as a distinct offense.

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