May 6, 2023

Offences that affect the human body

This article has been written by Ms. Priyanka VK Nair a 2rd year LLB Student of Amity University Mumbai

The following offences under IPC are considered to be offences that effects the body of human.

 

  • Culpable Homicide 
  • Murder 
  • Dowry Death 
  • Simple Hurt 
  • Grievous Hurt 
  • Wrongful Confinement 
  • Wrongful Restrain 
  • Assault 
  • Rape

Culpable homicide 

Section 299 of the Indian Penal Code (IPC) defines the offence of Culpable Homicide. According to this section, 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, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to 10 years, and shall also be liable to fine.

In simpler terms, Culpable Homicide refers to causing the death of another person by doing an act that the offender knew or should have known was likely to cause death, but without the specific intent to cause death. This offence is considered less severe than murder, which requires the specific intent to cause death.

Murder 

Section 300 of the Indian Penal Code (IPC) defines the offence of Murder. According to this section, whoever causes the death of another person 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 his act is likely to cause death, shall be punished with death, imprisonment for life, or imprisonment of either description which may extend to 10 years, and shall also be liable to fine.

In simpler terms, Murder refers to causing the death of another person with the specific intent to cause death or with the knowledge that the act is likely to cause death. Unlike Culpable Homicide, Murder requires the presence of specific intent to cause death

Dowry death 

Dowry death is a specific offence under Section 304B of the Indian Penal Code (IPC). This section defines dowry death as the death of a woman caused by any burns or bodily injury or occurs under any circumstances that are not normal and are caused within seven years of her marriage. It is also required that the woman must have been subjected to cruelty or harassment by her husband or his relatives in connection with a demand for dowry.

In simpler terms, Dowry death refers to the death of a woman within seven years of her marriage, where it is proved that she was subjected to cruelty or harassment by her husband or his relatives in connection with a demand for dowry.

The punishment for dowry death is imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. The husband or his relative, who is accused of causing the dowry death, may also be liable to pay fine.

Simple hurt

Simple hurt is a minor offence under the Indian Penal Code (IPC), which is defined under Section 319 of the IPC. According to this section, whoever causes a bodily injury to another person that does not amount to grievous hurt or endanger the life of the person, shall be punished with imprisonment of either description for a term that may extend to one year, or with fine that may extend to one thousand rupees, or both.

In simpler terms, Simple hurt refers to causing any injury to another person that is not serious enough to be considered grievous hurt or life-threatening. 

Grievous hurt 

grievous hurt” is defined in Section 320 of the Indian Penal Code (IPC). The IPC is the primary criminal code of India, and Section 320 outlines the different types of injuries that are considered to be “grievous hurt” under the law.

According to Section 320 of the IPC, grievous hurt includes any of the following types of injuries:

  • Emasculation
  • Permanent privation of the sight of either eye
  • Permanent privation of the hearing of either ear
  • Privation of any member or joint
  • Destruction or permanent impairing of the powers of any member or joint
  • Permanent disfiguration of the head or face
  • Fracture or dislocation of a bone or tooth

Any hurt which endangers life or which causes the sufferer to be in severe bodily pain or unable to follow his ordinary pursuits for a period of 20 days or more.

Under IPC, causing grievous hurt to another person is a serious offense that can result in imprisonment, fines, or both. The severity of the punishment will depend on the specific circumstances of the case and the degree of harm caused to the victim.

 

Wrongful confinement 

In the Indian Penal Code (IPC), wrongful confinement is defined as the illegal or unlawful confinement of an individual against their will. It is covered under Section 340 to 348 of the IPC.

Section 340 of the IPC defines wrongful confinement as intentionally or knowingly confining a person without their consent in a space from which they cannot escape.

Section 341 of the IPC provides punishment for wrongful restraint, which is defined as intentionally obstructing a person from moving in any direction except the one in which the offender intends to restrict their movement.

Section 342 of the IPC provides punishment for wrongful confinement, which is defined as confining a person wrongfully, i.e., without lawful authority or the person’s consent.

If a person is found guilty of wrongful confinement, they may be punished with imprisonment, fines, or both, depending on the specific circumstances of the case.

Wrongful restraint

In the Indian Penal Code (IPC), wrongful restraint is defined as intentionally obstructing a person from moving in any direction except the one in which the offender intends to restrict their movement. It is covered under Section 339 of the IPC.

According to Section 339 of the IPC, any person who wrongfully restrains another person in a way that prevents that person from proceeding beyond certain circumscribing limits, is committing the offense of wrongful restraint.

The offense of wrongful restraint is punishable with imprisonment for a term that can extend up to one month or with a fine of up to 500 Indian rupees or both. However, if the wrongful restraint is committed in order to commit another offense, the offender may be punished with imprisonment for a term that can extend up to one year or with a fine or both.

Assault

Assault is an offense defined under Section 351 of the IPC.

Assault is committed when a person intentionally puts another person in fear of physical harm, or causes any harm or injury to that person. The harm or injury need not be serious or lasting, and can include even a minor injury or a mere touch.

Assault can be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Kidnapping 

Kidnapping is an offense defined under Section 359 of the Indian Penal Code (IPC). It occurs when a person is taken or enticed away against their will, or when a person is unlawfully detained.

The IPC recognizes different types of kidnapping, such as kidnapping with intent to secretly and wrongfully confine a person, or kidnapping with the intent to cause harm or to extort property. The severity of the offense and punishment can vary depending on the circumstances.

For example, kidnapping with the intent to wrongfully confine a person is punishable with imprisonment for a term which may extend to seven years and a fine. However, if the kidnapping is done with the intent to cause grievous hurt, or to commit rape or to cause death, then the punishment may be more severe.

Rape

Rape is a grave offense defined under Section 375 and 376 of the Indian Penal Code (IPC). It is considered a crime against the person and is a form of sexual assault.

According to the IPC, a man is said to commit rape if he has sexual intercourse with a woman without her consent, or if she is under the age of 16, or if she is unable to give consent due to unsoundness of mind or intoxication, or if she is married and under 18 years of age.

Rape is a very serious offense, and the punishment for the same can be imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life, along with a fine. If the offense is repeated, the punishment can be enhanced to imprisonment for life, or even death penalty.

It’s important to note that rape is a heinous crime that can have lifelong physical, emotional, and psychological impacts on the victim, and it should be reported to the authorities as soon as possible. 

 

REF: 

https://blog.ipleaders.in/offences-against-human-body/ 

https://www.latestlaws.com/bare-acts/central-acts-rules/ipc-section-300-murder 

https://devgan.in/ipc/chapter_16.php

 

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