OFFENCES AGAINST THE HUMAN BODY
SUBMITTED BY:
Srihari S.
(20201BBAL0087) – 2nd Semester BBA.LL.B
SUBMITTED TO:
Prof. Aravindan Anandan (SOL)
SCHOOL OF LAW, PRESIDENCY UNIVERSITY
BANGLORE
KARNATAKA, INDIA
May, 2021
Table of Contents
ABSTRACT
This paper is framed in describing the hurt related to offences against human body. There are various sections explained in this research paper or also explained through illustrations for a more clarification of the section rather than dealing with sections. Hurt is the term which has wider aspect in itself. There are also different punishment for each sections related to hurt .There are so many sections that we can apply relating to concept. This research paper is been focused on more of illustration’s and are explained punishments to relevant section of hurts.
INTRODUCTION
The Hurt concept is explained in the concept of IPC dividing into different sections relating to concept of hurt. The term hurt is one of topic which can have more discussion. There are differences between hurt and grievous hurt and what amounts to both the aspect in itself.
Research questions:
What are the differences between Hurt and grievous hurt?
What are punishments to grievous Hurt?
What are different cause’s types of hurt?
Objectives of study:
Bring out differences in both aspects.
Significances of study:
Importance’s of knowing in context of IPC of Hurt
Scope of study:
To know and understand the wider aspect of hurt and its types.
Research Methodology:
This paper has been explained in most precious form in a manner so that reader can understand the concept of rather than reading section than focused on illustrations to explain in the context of each terms mentioned above illustrations.
Sources of data
The data and the study have been done through the Bare Act of Indian Penal Code.
References
IPC (Indian Penal Code): Bare Act
Section1:
Concept of Hurt
The term “Hurt” constitutes one of wider aspect of in itself. It is considered as one of the part related to offences against the human body. It can be classifies as the simple hurt as well as grievous hurt. The degree punishment is different from each of these terms or offences. There are different section are dealt with various aspect to hurt. For example section 319 , section 322 etc of IPC that talks about hurt in two aspects. Also there is different punishment each section of hurt separately mentioned.
As per section 319 of IPC hurt is said to be simple hurt which cannot be amounted to grievous hurt. The hurt which is caused during the normal course of action which leads to the Normal hurt.
Illustrations:
“B” a lady is walking to her house. “H” a robber who was walking fast behind the “B” and took necklace on the neck throws her towards roads which caused body pain to “B”. H was caught by the Police.
“C” and “D” are fighting in the bed with pillows. While a force of “C” pushed “D” towards the ground and cause Body pain.
Explanation of 2 illustrations:
In above first example the hurt caused by the B is hurt which is caused is simple hurt not hurt caused to grievous hurt.
Same in this D is applied to Simple hurt same in the context of 1 illustrations.
One of key differences we can say that the essentials what need to be caused in the grievous hurt in not mentioned in the section of hurt 319.
Now coming to the section 320 the section clearly stipulates about what amounting to the grievous hurt. It talks about hurt which caused by internal of bodily parts to humans which is explained through the illustrations below .
Illustrations:
There G and H who were employees in Bank . G was feeling depressed he also wished to be in H position because H got best employee in this year and G also hardworking but no result. But H was also hardworking employee. So G got planned to attempt hurt him grievously so he will be not condition to come to office as a result H back bone’s got broken and leg bones damaged . G succeed and got H resulted not in situation come to office.
B is been love with to C lady. C does not want extend the affair. So C went to brake the affair . But B does not like approach taken by C. So one day B plans to attack her with a acid . Because he knew that the C face is bad nobody will marry her . One day B plan succeed he put acid in her face with full of angry.
Explanation of Two illustrations:
Here above case the H had committed an grievous hurt because as per section 320 there is mentioned that the Fracture or Dislocation of BONE or tooth . Here the in the case of H the hurt which caused to him was Grievous hurt which fits in the bracket of section 320 of seventh clause . And the hurt reason was that a complexity that took place to H by G by not being as H good employee even though G was hardworking person.
In second illustration saving referring back to previous hurt section 320 it is complete clear specific that can be applied. Because in Sixth clause 320 it says where caused hurt which resulted into disfiguration of head or FACE. Here in above illustration (2) B had knowledge or intention which he knew that if his consequences endanger her life. Also he may also charged with second clause of section 320 if it resulted addition to eyes sight for life long ever his punishment will be stronger because act indicates his act has greater density in itself .
Comparison between section 320 and 319:
Intention also can be seen in Grievous hurt in most scenarios or circumstances. The section that can be applied section 321 in this section it tells that act of the person who does have a intention to knowledge causing hurt to any person is said to be a voluntary cause of action.
Coming to other Section 328 about causing hurt through means of poison or drugs etc.
Illustrations:
B and C are living in family where one was elder brother and cousin brother . B had knowledge that when fathers dies his father portion of property will automatically be given to B. But father wrote to C because of affection to cousin brother he would get property if mine when he dies . B attempt to give poison in drinking water to C. Later miracle happened; that cousin’s brother survived.
B and D were fighting. While D was not capable defending more so B pushed his face to Drugs powder which was spread in table , by his force pressing in D neck he forced to smell the drugs powder and result into death by leaving the person heavy traffic road and hit by the car who is E.
Explanation:
The first illustration talks about where c was caused hurt by drinking poison water which he drank . B had a knowledge or we can say intention that to get property killing cousin brother was only way and he attempted to do act which is an offences.
The second illustration also tells us that D was caused hurt which was through intoxication or by means of focusing him to smell drug powder which result to Death but there was hurt grievous hurt happened before death.
.
Section 2:
PUNISHMENTS
Starting of Section 319 there is no specific provision that we say there is punishment
Because there is provision made even though yes but that provision not be applied in punishment of hurt as we see. Because hurt which is caused by normal course or having small hurt will not be able to punish people. Because it makes a injustices to society. Or we can create biars.
Punishment also different on circumstances or scenarios case is formed on basis of facts related to offences against human body especially in hurt. The section 325 says whosever causes a grievous hurt shall punished for seven years and liable to fine. Moreover it is caused grievous hurt but I find that it is not punishment given because grievous hurt caused is not simple hurt but fine should had not been included.
Other punishments of hurt if we go to section 324 voluntary caused grievous hurt through means of any such thing mentioned in section shall punished for 3 years or fine or both. This section basically talks about if hurt is caused through any danger weapon which is caused by the person. Like knife, tagger, blade, iron rod etc.
Going on with other type of punishment related to acid thrown in face of men /women amounts to grievous hurt. There are also set of punishment to it as well. If we talk about the grievous hurt section 325A talks about cause which is formed of damage ,burns , maims or disfigures of the person or causes throwing on acid used of have intention or Knowledge shall punished not less than 10 years but which may extend to 10 years or it can be imprisonment for life with fine.
Here it talking about imprisonment for not less than 10 year but it may extend for life imprisonment also and he is liable pay fine.
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