This article has been written by Ms. ROSHANI CHAUDHARY, a 2nd year student of University of Rajasthan, Five Year Law College, Jaipur.
INTRODUCTION
Offences against human body is defines in section 299 to 377 of Indian Penal Code. Humans are considered as the most sensible creature because they can understand the feeling of other person. They have feelings of love, emotion, fear, anger etc. But now they have lost the humanity. Humans are nowadays don’t have any mercy on another human. They are losing all kindness towards other. This is leading the offences against the human body. The nature of offences are divided on four categories:
Fatal
Non – fatal
Sexual
Non-sexual
Many crimes are committed by humans which are creating a lot of tensions among the public. Crime is increasing fear in the society. Trust level of humans are decreasing, no one is showing any kind of help or kindness which they should show. Murder, culpable homicide, assault, sexual offences like rape, domestic violence are the offences on human body. No one has any right to harm any other person’s body. Offences include:-
A] CULPABLE HOMICIDE
Section 299 include culpable homicide. It lay down that 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.
ILLUSTRATIONS:
A knows Z to be behind the bushes. B is completely unaware of this. A causes B to fire at the bush with the intent of causing, or knowing that it is likely to cause, death. Z is killed by B’s fire. In this case, B may have committed no crime, but A has committed culpable homicide.
A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
ESSENTIAL ELEMENTS:
There must be death of a person
The death ahs been caused by the act of another person
the act causing death should have been 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 it was likely to cause death
B] MURDER:
Murder is defined in section 300 of the Indian Penal Code. Subject to certain exceptions culpable homicide is murder if the act by which the death is caused is done. Murder is done with the intention of causing death. With the intention 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;
With the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or.
With the knowledge that the act is so imminently dangerous that it must in all probability cause death or such bodily injury as is likely to cause death and without any excuse for incurring the risk of causing death or such injury as is mentioned above.
C] SEXUAL OFFENCES:
A man committing any of the following acts:
physical contact and advances involving unwelcome and expilicit sexual overtures or
a demand or request for sexual favours
showing pornography against the will of a woman
making sexually coloured remarks
Any man who commits the offence { clause 1 or clause 2 or clause 3} shall be punished with the rigorous imprisonment for a term of three years or with fine or both.
Any man who commits the offence { clause 4[1] } shall be punished with imprisonment of either description for a term which many extend to one year or with fine or with both.
D] ASSAULT:A person commits an assault if he:
Makes any gestures or any preparation
Intending or knowing it to be likely
That such a gesture or preparation will cause any person present to apprehend
That he is about to use criminal force to that person.
ILLUSTRATION: A takes up a stick saying Z “ I will give you a beating”. A commits an assault.
E] CRIMINAL FORCE:
A person uses criminal force if:
He intentionally uses force to any person
Without that person consent
In order to the committing of an offence
Intending by the use of such a force to cause injury, fear or annoyance to the person to whom the force is used.
ILLUSTRATION: A intentionally pulls up a woman’s veil. Here A has used criminal force to her.
F] DOWRY DEATH:
This provision has been inserted by the IPC amendment act 43 of 1986.
Dowry means and includes any article, money, property, valuable security payable in connection with the marriage , before at the time of or after marriage by one party to the marriage to the other party to the marriage or their parents or relatives.
The term dowry does not includes dower specified under Muslim personal law. According to section 304[b] , where the death of a woman is caused by any burns or bodily injury or otherwise the normal circumstances, within 7 years after the marriage and it is shown that before death she was subjected to cruelty or harassment by her husband or relative or her husband in connection with any demand for dowry such death shall be dowry death and such husband or relative shall be have caused her death.
G] KIDNAPPING AND ABDUCTION:
According to section 359 kidnapping is of two kinds:
Kidnapping from India and
Kidnapping from lawful guardianship
Whoever:
Conveys any person beyond the limits of India
.
Without the consent on behalf of the person is said to kidnap that person from India.
Whoever takes:
Any minor under 16 years of age if a male or under 18 years if a female.
Any person of unsound mind
Out of the keeping of the lawful guardian of such minor or person of unsound mind
Without the consent of such guardian, is said to kidnap such a minor or person form lawful guardianship.
ABDUCTION:
By force compels
By any deceitful means includes
Any person to go from any place.
H] RAPE :
A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following 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 law fully 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 stupe fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Aishwarya Says:
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