Slide 1

Udayasimha N GAssistant Professor, School of Law, GITAM University

OF OFFENCES AGAINST THE HUMAN BODYSection 299 : Culpable homicideEssential 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 deathShould be with the knowledge that by such act, the doer is likely to cause death

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 Alices death, induces Tom to fire at the bush. Tom fires and kills Alice.

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

MURDERSection 300 :-Essential ingredients:-Intention of causing deathThe offender knowing to be likely to cause the death of the person to whom the harm is causedDone 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 deathImminently dangerous and all probability cause death or such bodily injury as is likely to cause death.

R v.GOVINDA (1876) 1 Bom. 342Accused 18 years old (Husband)Deceased 15 years old (Wife)Accused gave blow on her bodyAccused put his knee on her chest and few more blows on her faceTrial Court convicted him for murderDifference of opinion amongst judgesReferred the matter to the third judge HELD:- Culpable homicide under 299(2) and was convicted under 304 Part I

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.

Cont., DECIDED CASENamdeo 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

EXCEPTIONS TO SECTION 300Grave and sudden provocationPrivate defenceActs of public servantsSudden fightConsent of the person killed

GRAVE AND SUDDEN PROVOCATION K.M Nanavati v. State of Bombay AIR 1962 SC 605Navy Officer married with childrenWife confessing her relation with another manHearing this there was no reaction by the husbandHe dropped his wife and children to a cinema hallWent to his ship and took his revolverWent to the accused after span of three hours and shot himHELD:- Murder and was sentenced to LIP

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

ACT OF PUBLIC SERVANTDakhi Singh v. State of U.P AIR 1955 All. 379Accused a constable was taking a suspected thief by trainThief tried to escape from running trainConstable chased him and fired at himThe bullet missed the suspected thief and hit another person

HELD:- Guilty for Culpable homicide not for murder

SUDDEN FIGHTSpecial ingredients :-Heat of passionSudden reactionWithout taking any undue advantage of the situation

Cont.,DECIDED CASE Muthu v. State of T.NAIR 2008 SC 1.Deceased threw garbage into accused shopFight started between them Accused took a knife and stabbed on the deceased chest which resulted in deathTrial Court and High Court sentenced him for murderHELD:- The SC convicted him under 304 Part II

DEATH CAUSED BY CONSENTDashrat Paswan v. State of BiharAIR 1985 PAT. 190Accused failed in x class exam and decided to dieThe wife of the accused told him to kill her first and then dieThe accused on the request of wife killed her and he tried to kill himselfHe was arrested before he could kill himselfHELD:- Convicted under 304 Part I

DOWRY DEATH 304BEssential features:-Death of women by burns, bodily injury Occurred within 7 years of her wedlockSubjected to cruelty by husband or his relativesImmediately before her death

Cont.,Devendar Sing and Another v. State of Punjab 2005 CR LJ 4160 (SC)Accused charged for abetting his wife to commit suicideHusband 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

HURT/GRIEVOUS HURTSection 319:- HurtBodily painDiseaseInfirmitySection 320:- Grievous hurtEmasculationPermanent privation of sight / hearing/joints Permanent disfiguration of head/faceFracture or dislocation of bone/toothAny other act which endangers the life and causes sever body pain for not less than 20 days.

OF WRONGFUL RESTRAINT AND WRONGFUL CONFINMENT Section 339:- Wrongful restraintEssential features:- voluntary obstruction of a person Preventing that person from proceeding in any direction which he has right to proceedIllustrationA 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.

Cont.,Section 340:- Wrongful confinementWrongful restraint Preventing to proceed beyond certain limits

IllustrationA 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.

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 forceBy inducing any animal to move, to change its motion, or to cease to move.IllustrationA is running on a treadmill B without As consent he increases the power of treadmill to a maximum speed which makes A to fall down .

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

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.

OF KIDNAPPING AND ABDUCTIONSection 359:- Kidnapping

Kidnapping from India

Kidnapping from lawful guardianship

Cont.,Section 361 :- Kidnapping from lawful guardianshipEssential features:-Taking or enticing away of a minor or an insane personMust be out of lawful guardianship Without the consent of the guardian

Cont.,Section 362:- AbductionEssential features:-Forcible compulsion or inducement by fraudulent meansThe object of such compulsion or inducement must be the going of a person from any place. IllustrationRamcharan induces Rekha to go to Shimla with him without her consent by threatening her to kill if she did not comply.