Offenses against the human body in UK criminal law refer to crimes involving direct physical harm or force against another person. These offenses are categorized as either fatal, sexual, or non-fatal and non-sexual. Fatal offenses include murder, manslaughter, and infanticide. Non-fatal non-sexual offenses include assault, battery, wounding, poisoning, and inflicting grievous bodily harm. Homicide is defined as any killing of one person by another but may be lawful or unlawful. Murder involves an unjustified killing with malice aforethought, while manslaughter involves a less severe unlawful killing without malice.

1. Adv. Vijay Jayshwal
Kathmandu University School of Law
7/5/2019
Offenses against Human Body

2. Crime against human body
7/5/2019
 In UK criminal law, the term "offence against the person" usually refers to a crime
which is committed by direct physical harm or force being applied to another person.
 They are usually analysed by division into the following categories:
1. Fatal offences- means: murder, manslaughter, infanticide or any
other offence of which one of the elements is causing a person's
death
2. Sexual offences-
3. Non-fatal non-sexual offences
They can be further analysed by division into:
 Assaults
 Injuries
 Offences against the person are usually taken to comprise:
 Fatal offences
 Murder
 Manslaughter
 Non-fatal non-sexual offences
 Assault,
 Battery,
 Wounding
 Poisoning
 Inflicting grievous bodily harm or causing grievous bodily harm

3. Homicide as such…
7/5/2019
 Homicide is a legal term for any killing of a
human being by another human being.
 Homicide itself is not necessarily a crime–
some homicides are legal, such as a
justifiable killing of a suspect by the police or a
killing in self-defense–but unlawful homicides
are classified as crimes like murder and
manslaughter.

4. 7/5/2019
 Homicide is simply the killing of one person by another. It may or may
not be illegal. Soldiers in battle commit homicide without committing a
crime. Citizens kill intruders without committing a crime.
 Murder is a homicide committed with “malice aforethought.” That
doesn’t mean it is a malicious killing. Malice aforethought is the common
law way of saying that it is an unjustified killing. And, for a killing to be a
murder, there typically has to be either an intent to kill, or, at minimum,
conduct so reckless that it is punishable as murder.
 Manslaughter is typically treated as a much less severe crime than
murder. Manslaughter can be broken up into degrees, or categorized as
voluntary and involuntary manslaughter.
 Voluntary manslaughter is the killing of another person under extreme
provocation or while under the heat of passion. Typically, it does not
require an intent to kill, but rather than the intent to do something
else. Felony manslaughter occurs when a person participates in a crime
that isn’t listed in the felony murder statute (which usually includes the most
dangerous kinds of felonies), but somehow someone dies during the crime.
 Involuntary manslaughter usually involves acts of negligence or
recklessness that lead to another person’s death.
 Vehicular homicide or vehicular manslaughter – causing a person’s
death through driving while intoxicated – can be charged on its own or
as part of involuntary manslaughter, depending on the laws of a
particular state.

5. Culpable homicide
7/5/2019
 Culpable homicide is a categorisation of certain offences in various
jurisdictions within the Commonwealth of Nations which involves the
illegal killing of a person either with or without an intention to
kill depending upon how a particular jurisdiction has defined the
offence.
 Unusually for those legal systems which have originated or been
influenced during rule by the United Kingdom.
 The law of homicide can be broadly classified into two categories :
culpable and inculpable homicide
 Culpable homicide can be further classified into three categories:
1. Intentional homicide
2. Provocational homicide
3. Accidental homicide
 Inculpable homicide can be classified into two categories:
1. Justifiable homicide
2. Execusable homicide

6. 7/5/2019
 Justifiable homicide is further divided into six
categories:
1. Self (private) defense
2. Defense of property
3. Defense in execution of official duty
4. Defense of chastity and right to retaliation
5. Defense against human being and trafficker
6. Self defense in the process of defending the
cow

7. 7/5/2019
 Execusable homicide is further divided into three categories:
1. Homicide by infant under age of 1o
2. Homicide by insane person
3. Suicide cases
Nepal’s law has recognized three forms of homicide:
1. Intentional Homicide- Sec 177 of MCCA 2074
2. Provocational Homicide- Sec 179 (1) (ka) MCCA 2074
3. Accidental Homicide- Sec 181 ( 1) of MCCA 2074
Attempt to murder- Sec 183 of MCCA 2074
Time limitation- 6 months from the date of information/notice.
Time limitation -Sec. 177,178,179,180,181,182 and 184- No time
limitation
The doctrine of laches is based on the maxim that "equity aids the
vigilant and not those who slumber on their rights.". The outcome
is that a legal right or claim will not be enforced or allowed if a long
delay in asserting the right or claim has prejudiced the adverse

8. No time limitation
7/5/2019
 Sec 177- no work is permissible in order to take life
of others
 Sec 178- work probable to cause death of person
 Sec 179- under provocation or angriness causing
death of human being
 Sec 180- when intended person is not dead
 Sec 181- recklessly causing death
 Sec 182- negligently causing death
 Sec 184- the protected person are not supposed to
throw away.
 State party case under schedule 1 of the Code.
 Public prosecutor will represent the victim in the
court of law and entire state machineries will be

9. Abortion
7/5/2019
 Abortion is the termination of pregnancy before the
period of viability which is considered to occur at 12th
week.
 This definition is based on the Roe Wade Judgment of
American Supreme Court-1973, for which any
termination of pregnancy done before the period of
viability is only legal.
 (Roe v. Wade, 410 U.S. 113 (1973), is a landmark
decision issued in 1973 by the United States
Supreme Court on the issue of the constitutionality of
laws that criminalized or restricted access to
abortions)
 Chapter 13 of MCCA 2074- offense related to
abortion

10. 7/5/2019
 Sec 188- Prohibition on Abortion
 Till 12 weeks- 1 years imprisonment and 10
thousand fine
 12 weeks till 25 week- 3yers imprisonment and 30
thousand fine
 25 weeks above- 5 years imprisonment and 50
thousand fine
 Sec 188 (8)- sex identification- 3months to 6 months
 After identification of sex- additional 1 years
imprisonment

11. Lawful abortion
7/5/2019
 Sec 189- if medical personnel have aborted under
the following conditions, that will not amount offense:
A. With consent of pregnant women, if aborted until
12 weeks
B. If there is severe threat on life of pregnant women,
on mental and physical conditions etc.
C. Pregnancy under rape and incest, till 18 weeks
D. HIV suffered or any other similar diseases
 Time limitation- 6 months from the date of notice
 State party case

12. Hurt/injury
7/5/2019
 ‘Hurt’ cases such as offences punishable under
section 323, 324, and 326 of Indian Penal
Code,1860.
 Hurt’ is known as cause injury to, cause pain to,
injure, maim, damage, wound, incapacitate,
impair, mutilate, injure.
 According to Section 319 IPC whoever causes
bodily pain, disease or infirmity to any person is
said to cause hurt.

13. 2 categories of Hurt
7/5/2019
 Grievous hurt and hurt (assault and battery)
 Grievous hurt- ( Sec.192 of MCCA 2074)
1. Damaging eye
2. Damaging ear
3. Damaging nose
4. Damaging tongue
5. Damaging breast of woman
6. Damaging sex organ of man
7. Breaking joints and rib of the body
8. Unable to work in profession due to hurt
Grievous hurt is a state party case.
Punishment- 10 years of imprisonment and 1 lakh fine.
Time limitation – 1 years

14. 7/5/2019
 Physical harm committed against human body other than
those defined as grievous hurt falls under the offense of
hurt.
 Hurt is divided into nine categories:
1) Defiling face
2) Breaking other part of body other than those covered
up grievous hurt
3) Giving poisonous smoke
4) Causing hurt by the use of fire or fire like substance
5) Causing harm by use of offensive weapon
6) Breaking the teeth
7) Causing harm by the use of ordinary weapon
8) Beating black and blue or causing bruise in the body
9) Causing harm by the use of nail teeth or the like
 It an individual party case.
 Time limitation- 1 year

15. Some consideration
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 Sec 193- acid attack or any other chemical or any
other poisonous substance
 Sec 196- prohibition on excessive use of force
 Case law
 Krishna bdr Khatri v Khadga bdr jimi (NKP
2031,p.103)
 Bishnubdr Khadka v Bribdr Khadka etal (NKP
2042,p.400)
 Krishnmaya limbuni v Ratmaya Limbuni (NKP
2049,p. 396)
 Vijaykumar Gupta V Juwar Halwai et al (NKP
2052,p.988)

16. 7/5/2019
 Thank you