Fracture - Definition - Law Dictionary Home Dictionary Definition fracture

Definition :

Fracture, It is true that fracture has not been defined in the Penal Code. It is sometimes though as in the case of Po Yi Maung v. Ma E Tin, A (1937) Rang 253 that the meaning of the word fracture would imply that there should be a break in the bone and that in the case of a skull bone it is not merely sufficient that there is a crack but that the crack must extend from the outer surface of the skull to the inner surface. In Mutukdhar Singh v. Emperor, A (1942) Pat 376, it was observed that if the evidence is merely that a none has been cut and there is nothing whatever to indicate the extent of the cut, whether a deep one or a mere scratch on the surface of the bone, it will be difficult to infer is a grievous hurt within the meaning of S. 320 of the Penal code. Both these assumptions are misleading. It is not necessary that a bone should be cut through and through or that the crack must extend from the outer to the inner surface or that there should be displacement of any fragment of the bone. If there is a break by cutting or splintering of the bone or there is a rupture of fissure in it, it would amount to a fracture within the meaning of Clause 7 of s. 320, Hori Lal v. State of U.P., AIR 1970 SC 1969: (1970) 1SCC 8: (1970) 2 SCR 429.