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. 1ST year ( 2nd 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.

9. 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

10. 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

11. Kidnapping
S.359 says kidnapping is of 2 types –
1. Kidnapping from India
2. 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.

12. 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
part 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;

13. Under the circumstances falling under any of the following
seven descriptions
1. Against her will
2. Without her consent
3. 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.
4. 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.
5. 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.
6. With or without consent, when she is under 18 years of
age.
7. When she is unable to communicate consent.