Offences against the Human body

Introduction

Article 21 of the Constitution of India guarantees that "no person shall be deprived of his life or personal liberty except according to procedure established by law". This fundamental right ensures the protection of life and personal freedom to every individual.

However, when a person causes hurt, injury or even death to another individual, such act constitutes offences against body under the Indian penal code (IPC).

Section 299 to 377 comprises of various offences against body, these are the offences which directly affect an individual’s life, physical safety and personal liberty. 

Classification of offences against the human body

1. Culpable homicide and murder 
2. Causing hurt and Grievous hurt 
3. Wrongful restraint and wrongful confinement 
4. Criminal force and assault 
5. Kidnapping and abduction 
6. Rape and other sexual offences 
7. Unnatural offences 

Culpable Homicide and Murder

Culpable Homicide: The word Homicide means “to killing a human Being” and culpable means “deserved to blame”. It means that when a person kills another person with intention and knowledge, it amounts to culpable homicide. It has been defined under Sec 299 and punishable under Sec 304 under Indian penal code.

Essentials of Culpable Homicide

• An Act has been done by the accused
• There is an intention of causing death or
• There is an intention of causing bodily injury likely to cause death or
• Knowledge is present that the act likely to cause death

Example:  A strikes B with a stick on the leg during a quarrel. Later B dies due to infection.

Case Laws related to Culpable Homicide

Case: - Reg VS Govinda (1876)

Held: - In this case, husband knocked wife down and struck her head on the ground, due to this his wife died. The Court held that there is no intention to cause death, only knowledge is present that this act likely to cause death. He was punished under Sec 304. Its Attempt is punishable under 308 IPC.

Murder (Culpable amounting to Murder): Murder means unlawful killing of one Human being by another human being without any valid excuse and justification. Murder can be considered a homicide, but homicide can also refer to a killing deemed justifiable or excusable.

Murder has higher degree of intention of knowledge and probability to cause death than homicide. It has been defined under Sec 300 with some exceptions and punishable under 302 IPC. Its Attempt is punishable under 307 IPC.

Essentials of Murder

• An Act has been done by the accused
• There is an intention of causing death or
• There is an intention of causing bodily injury which offender knows likely to cause death or
• The bodily injury is sufficient to cause death or
• Act is imminently dangerous that in all probabilities cause death, bodily injury which likely to cause death without any excuse

Example: A shoot on B’s Head at close range knowing death is almost certain.

Case Laws related to Murder

Case: - KM Nanawati VS State of Maharashtra (1962)

Held: - It was held in this case that if provocation is sufficient to deprive self-control, murder can be reduced to culpable homicide not amounting to murder.

 Case: - State of Andhra Pradesh VS Rayavarapu Punnayya (176)

Held: - In this case, Court held that All murders are culpable Homicide, but not all culpable homicides are murders.  There is a relationship of Genus and species between culpable homicide and murder, the former is Genus and the latter is species.

Exceptions (Culpable Homicide not amounting to Murder)

1. Sudden and Grave provocation (Exception 1 to Section 300 IPC): If the accused causes death while deprived of self-control due to grave and sudden provocation, the offence is offence is culpable homicide not amounting to Murder.
2. Exceeds the power of private defence (Exception 2 to Section 300 IPC): If a person exceeds the legal limit of private defence and causes death in good faith without premeditation, it is not murder.
3. Public servant exceeds his power in discharge of his duties (Exception 3 to Section 300 IPC): If a public servant during his duty, acting in good faith, exceeds his lawful powers and causes death, it is not murder.
4. Sudden Fight or heat of passion (Exception 4 to Section 300 IPC): Death caused in a sudden fight, in the heat of passion without premeditation.
5. Person Suffers death or take risk with his own consent (above 18 years of age) (Exception 5 to Section 300 IPC): If death is caused with the consent of the deceased, who is above 18 years, the offence does not amount to murder.

Causing hurt and Grievous hurt

Hurt (Section 319): When any person causes bodily pain, disease or infirmity to any other person then it is known as ‘Simple Hurt’.

Essentials of Hurt:

1. Any bodily or physical pain must cause to a person
2. Causing any disease or illness to another person
3. Causing temporary and permanent inability of an organ of mental faculty   

Punishment of Voluntarily causing Hurt (Sec 321):

• Imprisonment upto 1 year or
• fine or
• both

Example: Slapping someone and causing temporary pain

Grievous Hurt (Section 320): When any person gives hurt in severe form then it is known as ‘Grievous hurt’.

Essentials of Grievous Hurt: The Following kind of hurt are designated as grievous:

1. Emasculation
2. Permanent loss of sight of either eye
3. Permanent loss of hearing of either ear
4. Loss of any member or joint
5. Permanent impairment of any member or joint
6. Permanent disfiguration of head or face
7. Fracture or dislocation of bone or tooth
8. Any hurt which: Endangers life, or causes the victim to be in severe bodily pain or unable to follow ordinary pursuits for 20 days

Punishment of Voluntarily causing Grievous Hurt (Sec 325):

• Imprisonment upto 7 years and
• fine

Example: A Causing permanent loss of B’s eyesight or hearing

Wrongful Restraint and Wrongful Confinement

Wrongful Restraint: When any person obstructs any person to prevent him from moving in any direction then it is known as ‘wrongful restraint’.

Essentials of Wrongful Restraint:

1. There must be Voluntary obstruction of a person
2. The obstruction must prevent the person from moving forward
3. The person must have a right to proceed in that direction

Examples: A holds B’s bicycle and prevents B from moving ahead on the path

Wrongful Confinement: It is an aggravated form of Wrongful restraint. When any person wrongfully restrains any person to prevent him from moving beyond circumscribing limit then it is known as ‘wrongful confinement’.

Examples: A locks B inside a room and does not allow B to come out.

Punishment for Wrongful Restraint (Sec 341):

• Simple Imprisonment upto 1 month or
• Fine or
• Both

Essentials of Wrongful Confinement:

1. There must be wrongful restraint
2. Voluntary obstruction of a person
3. Restriction within subscribing limit
4. Prevention from proceeding beyond limits
5. The person must have a right to move freely

Punishment for Wrongful Confinement (Sec 342):

• Simple Imprisonment upto 1 year or
• Fine or
• Both

Criminal Force and Assault

Criminal Force: when a person uses force to any person without his consent in order to committing an offence or causing injury, fear and annoyance to the person.

Example: A pushes B during an argument.

Force: If a person causes motion, change of motion or cessation of motion to other person or doing these things with a substance which brings that substance into contact with any part of other’s body or anything which he wears or carrying affects the other person’s sense of feeling by

• His own bodily power
• By disposing any substance
• By inducing any animal

Assault: If a person making any gesture or preparation which will cause any person present to apprehend that he is about to use criminal force to that person. Mere words do not amount to an assault but with gesture or preparation amount to an assault

Example: A moves aggressively towards B with clenched fists to frighten him

Kidnapping and Abduction

Kidnapping (Sec 359 and 360): Kidnapping is of two kinds

1. Kidnapping from India: when some person conveys any person beyond the limits of india without his consent.
2. Kidnapping from lawful guardianship: when some person takes any minor (16 years of age if male and 18 years of age when female) or person of unsound mind away from his lawful guardianship or without their consent.

Punishment for Kidnapping (Sec 363):

• Imprisonment upto 7 years and
• Fine

Example: A takes B, a 10-year-old child, away from his parents without their permission

Abduction (Sec 362): When one person compels other person by force or induces him by deceitful means to go from any place. Abduction is not an offence in itself as Kidnapping unless it has been done for some unlawful purpose.

Example: A forces B, an adult, into a car and takes him away

Rape and other sexual offences

Rape (Sec 375): When a man penetrates his penis into vagina, inserts any object, manipulates any part or applies his mouth to vagina against her will or without her consent or if there is a consent but obtained by fear of death or misrepresentation or unsoundness of mind or intoxication.

Exception: Medical procedure and Marital rape (above 15 years of age) is not rape.

Punishment for Rape (Sec 376):

• Minimum Imprisonment = 10 years
• Maximum Imprisonment = life imprisonment

Gang Rape (Sec 376D): When a woman is raped by one or more persons in furtherance of common intention.

Punishment for Gang Rape (Sec 376D):

• Rigorous imprisonment of minimum 20 years which may extend to life imprisonment and
• Fine (It should just and reasonable to meet the medical expense of victim)

Unnatural Offences

Unnatural Offences (Sec 377): When someone voluntary has carnal intercourse against the order of nature with any man, woman, or animal.

Punishment of Unnatural offence (Sec 377):

• Imprisonment upto 10 years and
• Fine

Case Law on unnatural offences:

Case - Navtej Singh Johar V. UOI (2018)

Held – Consensual sexual acts between adults (including same-sex relations) are not a crime thus the Supreme court struck down Section 377.

Conclusion

Indian Penal Code comprises of 23 chapters in which offences related to Human Body has been given under chapter 16. Offences against the human body aim to protect the life, liberty, and physical integrity of individuals. These offences include acts such as causing hurt, grievous hurt, assault, kidnapping, abduction, and wrongful restraint or confinement. The law strictly punishes such acts to maintain public order and ensure personal safety. By defining and penalizing these offences, the legal system safeguards human dignity and promotes justice in society.