Section 337W: Merger of arsh

(1) Where an accused causes more than one hurt, he shall be liable to arsh specified for each hurt separately: Provided that, where (a) hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to such organ and not for arsh for causing hurt to any part of such organ; and (b) the wounds join together and form a single wound, the accused shall be liable to arsh for one wound. Illustrations (i) A amputates Z’s fingers of the right hand and then at the same time amputates that hand from the joint of his wrist. There is separate arsh for hand and for fingers. A shall, however, be liable to arsh specified for hand only. (ii) A twice stabs Z on his thigh. Both the wounds are so close to each other that they form into one wound. A shall be liable to arsh for one wound only. (2) Where, after causing hurt to a person, the offender causes death of such person by committing qatl liable to diyat, arsh shall merge into such diyat : Provided that the death is caused before the healing of the wound caused by such hurt.

Effective date: 1862-01-01

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