Offences affecting the human body

Vandana Chandwani
Roll No. 18
ICT project ( Offences affecting the human body)

1. Offences Affecting The Human Body Name – Vandana Chandwani Roll No. – 18 Class – L.L.B. 1 ST year ( 2 nd sem ) Subject – ICT

2. Contents Introduction Important Sections Culpable homicide Murder Hurt Grievous hurt Kidnapping Rape

3. Introduction Law is a normative science which changes with the facts, interpretation. It is natural science. Every decision has a human touch. Every crime is conceived in a guilty mind. “ ACTUS NON FACIT RENUM NISI MENS SIT REA” An act without guilty mind is not a crime. There are different offences affecting human body like culpable homicide, murder, hurt, grievous hurt, kidnapping, wrongful restraint, wrongful confinement etc.

4. Important Sections Sec. 299 – Defines Culpable Homicide Sec. 300 – Defines Murder Sec. 301 – Transfer of malice Sec. 302 – Punishment for murder Sec. 303 – Unconstitutional Sec. 304 – Punishment for culpable homicide Sec. 304A – Death by rash & negligent act Sec. 304B – Dowry Death Sec. 305 & 306 – Abatement to suicide Sec.307 – Attempt to murder Sec. 308 – Attempt to culpable homicide Sec. 309 – Attempt to suicide

5. Culpable Homicide S. 299. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide . Explanation 1. Whoever causes bodily injury intentionally to a person under a disorder, disease or infirmity and thereby accelerates the death of a person commits culpable homicide.

6. Explanation 2. – If a death is caused by bodily injury the defense that availability of skillful treatment in time might have prevented the death cannot be allowed. Explanation 3. – Killing of a child in mother’s womb is not culpable homicide but if a part of the child has come out & is killed it amounts to culpable homicide. ILLUSTRATION – A knows B is behind the bush. C does not know it. A, intending to cause, or knowing it to be likely to cause B’s death, induces C to fire at the bush. C fires and kills B. Here C may be guilty of no offence ; but A has committed the offence of culpable homicide .

7. Murder S. 300 except in the cases hereinafter excepted , culpable homicide is murder , if the act by which the death is caused is done with the intension of causing death, or – 2ndly – It is done with the intension of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or – 3rdly – It is done with the intension of causing bodily injury to any person and the bodily injury to be inflicted is sufficient in the ordinary course of nature to cause death, or – 4thly – if the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

8. Hurt Hurt is of two types – S.319 – Definition of hurt Hurt means causing bodily pain, disease or infirmity to any person S. 320 – Defines grievous hurt S.321 – Voluntarily causing simple hurt S.322 – Voluntarily causing grievous hurt S.323 & 324 – Punishment for simple hurt S.325 & 326 – Punishment for grievous hurt S. 326A – Grievous hurt by Acid Attack S.326B – Attempt to Acid Attack PUNISHMENT – ( FOR SIMPLE HURT) 1 year or 1000 or both

9. Grievous Hurt Whoever causes – Emasculation Permanent privation of the sight of either eye Permanent privation of hearing of either ear Privation of any member or joint Destruction of member or joint Permanent disfiguration of the head or face Fracture or dislocation of bone or tooth Any hurt which endagers life for more than 20 years PUNISHMENT – ( FOR GRIEVOUS HURT) 7 years and fine

10. K idnapping S.359 says kidnapping is of 2 types – Kidnapping from India Kidnapping from legal guardianship S .360 ( kidnapping from India ) Whoever conveys any person beyond the limits of India without the consent of that person or of some person legally authorized to consent on behalf of that person from India. S.361 ( kidnapping from legal guardianship) Whoever takes or entices any minor under 16 years of age if male or 18 years of age if female or any person of unsound mind, out of the keeping of the lawful guardianship .

11. Rape S.375 A man is said to commit “rape” if he- Penetrates his penis, to the extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person ; or Inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or make her do so with him or any other person; or Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any p art of the body of such woman or makes her do so with him or any other person; Applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person;

12. Under the circumstances falling under any of the following seven descriptions Against her will Without her consent With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt. With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that ti which she gives consent. With or without consent, when she is under 18 years of age. When she is unable to communicate consent.