Offences related to 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 Bhartiya Nyaya Sanhita (BNS).

Section 100 to 146 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. Organized Crime and Petty Organized Crime
3. Terrorist Act
4. Causing hurt and Grievous hurt 
5. Wrongful restraint and wrongful confinement 
6. Criminal force and assault 
7. Kidnapping and abduction 

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 100 and punishable under Sec 105 under Bhartiya Nyaya Sanhita.

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 IPC (now 105 BNS). Its Attempt is punishable under 308 IPC (now 110 BNS).

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 101 with some exceptions and punishable under 103 IPC. Its Attempt is punishable under 109 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 101 BNS): 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 101 BNS): 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 101BNS): 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 101 BNS): 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 4 to Section 101 BNS):  If death is caused with the consent of the deceased, who is above 18 years, the offence does not amount to murder.

Organized Crime and Petty Organized Crime

Organized Crime (Sec 111): Organized crime is any continuing unlawful activity of offences by any person or a group of persons acting in concert singly or jointly either as a member of syndicate or on behalf of such syndicate by using violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including financial benefit.

Offences include: -

1. Kidnapping
2. robbery
3. vehicle theft
4. extortion
5. land grabbing
6. contract killing
7. economic offence and cyber crimes
8. trafficking of persons, drugs, weapons, illicit goods or services
9. human trafficking prostitution or ransom

Punishment of organized crime

1. If resulted in death of a person - Death or imprisonment for life or fine not less than 10 thousand rupees
2. Other case - imprisonment (minimum 5 years and maximum upto Life imprisonment) or fine upto 5 lakh rupees

Petty Organized Crime (Sec 112): Petty organized crime means when a member of a group or gang commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act either singly or jointly.

Punishment of petty organized crime

1.  Imprisonment (minimum 1 year and maximum 7 years) and
2. Fine

Terrorist Act (Sec 113)

When a person does any act to threaten the unity, integrity, sovereignty, security or economic security of india with the intention to strike terror in the people of india or in any foreign country -

1. By using bombs, other explosive substances, chemicals, noxious gases or other hazardous substance
2. By showing the criminal force to do the death of any public functionary
3. By detaining, kidnapping or abducting any person and threatening to kill or injure that person and compel the Indian government, foreign government, international or inter-governmental organisation to do or abstain from doing any act.

Punishment of the terrorist act

1. If resulted in death - death life imprisonment and fine
2. Other case - Imprisonment (minimum 5 years and maximum life imprisonment) and fine

Causing hurt and Grievous hurt

Hurt (Section 114 BNS): 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 115(2) BNS):

• Imprisonment upto 1 year or
• fine or
• both

Example: Slapping someone and causing temporary pain

Grievous Hurt (Section 116 BNS): 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 117(2) BNS):

• Imprisonment upto 7 years and
• fine

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

Wrongful Restraint and Wrongful Confinement

Wrongful Restraint (Sec 126 BNS): 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 (Sec 127 BNS): 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 126(2) BNS):

• 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 127(2) BNS):

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

Criminal Force and Assault

Criminal Force (Sec 129): 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 (Sec 128 BNS): 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 (Sec 130 BNS): 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 137 BNS): 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 137(2) BNS):

• Imprisonment upto 7 years and
• Fine

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

Abduction (Sec 138 BNS): 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

Conclusion

Bhartiya Nyaya Sanhita comprises of 20 chapters in which offences related to Human Body has been given under chapter 6. 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.