Q: Write the solution of the mentioned below problem ?

Ans:

Problem Statement:  A strikes his friend B with a blow on the ear, causing physical pain to B, but the pain was not serious. Has A voluntarily committed the offense of causing hurt? Answer with the help of decided cases.

SOLUTION: The problem presented is based on section 319 and Section 323 of the Indian Penal Code, 1860. According to section 319 of IPC , whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. Section 323 of IPC mentions about the punishment for voluntarily causing hurt.

But in Meredith vs Sanjibani Dasi on 7 September, 1914, the Calcutta High Court held that for voluntarily causing hurt , it is essential that the bodily pain must be severe and if such pain is not severe , the accused will get the benefit of section 95 IPC i.e., act causing slight harm.

In the problem thus presented, A strikes his friend B with a blow on the ear, causing physical pain to B, but the pain was not severe. A does not, in accordance with the said judgment, voluntarily cause hurt because the pain caused by him was not severe. 


Conclusion- A has not voluntarily caused the offense of hurt because the pain was not so acute.

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