All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

The correct option is A: That the offender intended to hurt the victim.

This option is correct, because it is not an essential element to be proved in cases of hurt or grievous hurt under the Indian Penal Code, 1860. According to Section 319 of the IPC, hurt is defined as "whoever causes bodily pain, disease or infirmity to any person". According to Section 320 of the IPC, grievous hurt is defined as "any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits". These definitions do not require that the offender must have intended to hurt the victim, but only that he must have caused hurt voluntarily. Therefore, intention to hurt is not an essential element to be proved in cases of hurt or grievous hurt.

The other options are incorrect for the following reasons:

B: That hurt was caused. This option is incorrect, because it is an essential element to be proved in cases of hurt or grievous hurt. Without proving that hurt was caused, there can be no offence of hurt or grievous hurt under the IPC.

C: That the hurt was caused voluntarily. This option is incorrect, because it is also an essential element to be proved in cases of hurt or grievous hurt. According to Section 321 of the IPC, "whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said 'voluntarily to cause hurt'". Therefore, voluntary causation of hurt is necessary for establishing the offence of hurt or grievous hurt.

D: That the victim did not consent. This option is incorrect, because it is also an essential element to be proved in cases of hurt or grievous hurt. According to Section 87 of the IPC, "nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm". Therefore, lack of consent from the victim is necessary for establishing the offence of hurt or grievous hurt.

E: That the offender intended to cause hurt. This option is incorrect, because it is not an essential element to be proved in cases of hurt or grievous hurt. As explained above, intention to cause hurt is not required for establishing the offence of hurt or grievous hurt under the IPC. However, intention to cause a specific kind of harm may be relevant for determining the nature and degree of punishment for the offence. For example, Section 325 of the IPC prescribes a higher punishment for voluntarily causing grievous
hurt with the intention of causing such harm than Section 322 of the IPC which prescribes a lower punishment for voluntarily causing grievous
hurt without such intention.