Some of the vital sections with respect to the offences towards the body

1. Udayasimha N G
Assistant Professor, School of Law, GITAM
University

2. OF OFFENCES AGAINST THE
HUMAN BODY
Section 299 : Culpable homicide
Essential features:-
 Causing of death of a human being;
 Such death must have been caused by doing an
act or omission;
 Intention to cause death
 Some bodily injury must have been caused which
is likely to cause death
 Should be with the knowledge that by such act,
the doer is likely to cause death

3. Cont.,
Illustration:-
‘Peter’ knows ‘Alice” to be behind a bush.’ Tom’
does not know it. Peter intending to cause or
knowing it to be likely to cause Alice’s death,
induces Tom to fire at the bush. Tom fires and kills
Alice.

4. Cont.,
DECIDED CASE
Ruliram v. State of Haryana
2002 Cr LJ 4337 (SC)
“An accused threw in water two young boys
playing by the side of a pond because of a family
members refused to vote in favor of the candidate
of the accused. The intention of the accused was
not to kill those boys but to create some sort of
disturbance to divert the attention at the polling
booth in order to capture it”.
HELD : - Act was likely to cause death and
punished under Section 304, Part II

5. MURDER
Section 300 :-
Essential ingredients:-
 Intention of causing death
 The offender knowing to be likely to cause the
death of the person to whom the harm is caused
 Done 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
 Imminently dangerous and all probability
cause death or such bodily injury as is likely to
cause death.

6. R v.GOVINDA
(1876) 1 Bom. 342
Accused 18 years old (Husband)
Deceased 15 years old (Wife)
Accused gave blow on her body
Accused put his knee on her chest and few more
blows on her face
Trial Court convicted him for murder
Difference of opinion amongst judges
Referred the matter to the third judge
HELD:- Culpable homicide under 299(2) and was
convicted under 304 Part I

7. Cont.,
Illustration :-
‘Ramappa’ knows that ‘Krishnappa’ has
undergone a heart surgery and any blow on his
chest would cause death. Knowing the fact he
(Ramappa) gives a blow on his (Krishnappa)
chest and resulted in instant death.

8. Cont.,
DECIDED CASE
Namdeo v. State of Maharashtra
2007 Cr LJ 1819 (SC)
The accused believed that Nanaji (deceased)
was involved in a witch craft which in turn caused
death of the cattle animals of village. On 25th
night of October 2000 the accused was seen
stabbing the deceased with axe blow which
resulted in death.
HELD:- Murder and sentenced under Section 304
Part II

9. EXCEPTIONS TO SECTION
300
 Grave and sudden provocation
 Private defence
 Acts of public servants
 Sudden fight
 Consent of the person killed

10. GRAVE AND SUDDEN
PROVOCATION
K.M Nanavati v. State of Bombay
AIR 1962 SC 605
Navy Officer married with children
Wife confessing her relation with another man
Hearing this there was no reaction by the
husband
He dropped his wife and children to a cinema hall
Went to his ship and took his revolver
Went to the accused after span of three hours
and shot him
HELD:- Murder and was sentenced to LIP

11. RIGHT OF PRIVATE
DEFENCE
Bhagwan Swarup v. State of M.P
AIR 1992 SC 675
Accused opened fire to rescue his father who was
beaten up by lathis
The bullet hit a person who was wielding a lathi
resulting his death
HELD:- Justified action of the accused and
sentenced him under Section 304

12. ACT OF PUBLIC SERVANT
Dakhi Singh v. State of U.P
AIR 1955 All. 379
Accused a constable was taking a suspected thief
by train
Thief tried to escape from running train
Constable chased him and fired at him
The bullet missed the suspected thief and hit
another person
HELD:- Guilty for Culpable homicide not for
murder

13. SUDDEN FIGHT
Special ingredients :-
 Heat of passion
 Sudden reaction
 Without taking any undue advantage of the
situation

14. Cont.,
DECIDED CASE
Muthu v. State of T.N
AIR 2008 SC 1.
Deceased threw garbage into accused shop
Fight started between them
Accused took a knife and stabbed on the
deceased chest which resulted in death
Trial Court and High Court sentenced him for
murder
HELD:- The SC convicted him under 304 Part
II

15. DEATH CAUSED BY
CONSENT
Dashrat Paswan v. State of Bihar
AIR 1985 PAT. 190
Accused failed in x class exam and decided to die
The wife of the accused told him to kill her first
and then die
The accused on the request of wife killed her and
he tried to kill himself
He was arrested before he could kill himself
HELD:- Convicted under 304 Part I

16. DOWRY DEATH – 304B
Essential features:-
 Death of women by burns, bodily injury
 Occurred within 7 years of her wedlock
 Subjected to cruelty by husband or his relatives
 Immediately before her death

17. Cont.,
Devendar Sing and Another v. State of
Punjab
2005 CR LJ 4160 (SC)
Accused charged for abetting his wife to commit
suicide
Husband and his parents sent the deceased
(wife) out of matrimonial home before one month
of she committing suicide.
At the time of death the deceased was pregnant
HELD:- Convicted under 304 B

18. HURT/GRIEVOUS HURT
Section 319:- Hurt
 Bodily pain
 Disease
 Infirmity
Section 320:- Grievous hurt
 Emasculation
 Permanent privation of sight / hearing/joints
 Permanent disfiguration of head/face
 Fracture or dislocation of bone/tooth
 Any other act which endangers the life and
causes sever body pain for not less than 20 days.

19. OF WRONGFUL RESTRAINT
AND WRONGFUL
CONFINMENT
Section 339:- Wrongful restraint
Essential features:-
 voluntary obstruction of a person
 Preventing that person from proceeding in any
direction which he has right to proceed
Illustration
‘A’ parks his car in middle of the road obstructing
the movement of public. ‘B’ who is approaching
towards his destination comes in this car and
sees the car parked right in middle of the road
which is parked by ‘A’. A refuses to remove the
car.

20. Cont.,
Section 340:- Wrongful confinement
 Wrongful restraint
 Preventing to proceed beyond certain limits
Illustration
‘A’ places ‘B’ in a building and tells him that
there are several gunmen who have
surrounded the building and further he
warns that if he tries to escape from the
building, he (B) will be shot.

21. OF CRIMINAL FORCE AND
ASSUALT
Section 349:- Force
Essential features:-
 Usage of force
 Causes motion, change of motion
 By the bodily power of the person who uses the force
 By inducing any animal to move, to change its motion,
or to cease to move.
Illustration
‘A’ is running on a treadmill ‘B’ without A’s consent he
increases the power of treadmill to a maximum speed
which makes A to fall down .

22. Cont.,
Section 351:- Assault
Essential features:-
 A gesture or preparation to use criminal force
 Should be made in presence of the person
against whom it is directed
 Causes a reasonable apprehension in the mind of
the victim
Illustration
A threatens B that he will shoot him if he tries to
move even an inch.

23. Cont.,
Section:- 360 : Kidnapping from India
Essential features:-
 The person kidnapped should be in India when
the offence is committed
 he must have been taken outside the territorial
limits of India
 Without the consent of children. In case of male
16 years and female 18 years.

24. OF KIDNAPPING AND
ABDUCTION
Section 359:- Kidnapping
 Kidnapping from India
 Kidnapping from lawful guardianship

25. Cont.,
Section 361 :- Kidnapping from lawful
guardianship
Essential features:-
 Taking or enticing away of a minor or an insane
person
 Must be out of lawful guardianship
 Without the consent of the guardian

26. Cont.,
Section 362:- Abduction
Essential features:-
 Forcible compulsion or inducement by fraudulent
means
 The object of such compulsion or inducement
must be the going of a person from any place.
Illustration
Ramcharan induces Rekha to go to Shimla with
him without her consent by threatening her to kill
if she did not comply.