Udayasimha N G

Assistant Professor, School of Law, GITAM

University

OF OFFENCES AGAINST THE HUMAN

BODY
Section 299 : Culpable homicide
Essential 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 death
Should 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

MURDER
Section 300 :Essential ingredients: Intention of causing death
The offender knowing to be likely to cause
the death of the person to whom the harm
is caused
Done 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
death
Imminently dangerous and all

R v.GOVINDA
(1876) 1 Bom. 342
Accused 18 years old (Husband)
Deceased 15 years old (Wife)
Accused gave blow on her body
Accused put his knee on her chest and few

more blows on her face

Trial Court convicted him for murder
Difference of opinion amongst judges
Referred 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 CASE
Namdeo 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 300
Grave and sudden provocation
Private defence
Acts of public servants
Sudden fight
Consent of the person killed

GRAVE AND SUDDEN

PROVOCATION
K.M Nanavati v. State of
Bombay
AIR 1962 SC 605
Navy Officer married with children
Wife confessing her relation with another
man
Hearing this there was no reaction by the
husband
He dropped his wife and children to a
cinema hall
Went to his ship and took his revolver
Went to the accused after span of three

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

ACT OF PUBLIC SERVANT

Dakhi Singh v. State of U.P
AIR 1955 All. 379
Accused a constable was taking a
suspected thief by train
Thief tried to escape from running train
Constable chased him and fired at him
The bullet missed the suspected thief and
hit another person
HELD:- Guilty for Culpable homicide not for
murder

SUDDEN FIGHT
Special ingredients : Heat of passion
Sudden reaction
Without taking any undue advantage of the
situation

Cont.,
DECIDED CASE
Muthu v. State of T.N
AIR 2008 SC 1.
Deceased threw garbage into accused
shop
Fight started between them
Accused took a knife and stabbed on
the deceased chest which resulted in
death
Trial Court and High Court sentenced
him for murder
HELD:- The SC convicted him under 304

DEATH CAUSED BY
CONSENT
Dashrat Paswan v. State of Bihar
AIR 1985 PAT. 190
Accused failed in x class exam and decided
to die
The wife of the accused told him to kill her
first and then die
The accused on the request of wife killed
her and he tried to kill himself
He was arrested before he could kill himself
HELD:- Convicted under 304 Part I

DOWRY DEATH 304B

Essential features: Death of women by burns, bodily injury
Occurred within 7 years of her wedlock
Subjected to cruelty by husband or his
relatives
Immediately 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 suicide
Husband 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 HURT
Section 319:- Hurt
Bodily pain
Disease
Infirmity
Section 320:- Grievous hurt
Emasculation
Permanent privation of sight / hearing/joints
Permanent disfiguration of head/face
Fracture or dislocation of bone/tooth
Any 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 restraint
Essential features: voluntary obstruction of a person
Preventing that person from proceeding in any
direction which he has right to proceed
Illustration
A 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 confinement
Wrongful restraint
Preventing to proceed beyond certain limits
Illustration
A 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 force
By inducing any animal to move, to change its motion, or
to cease to move.
Illustration
A 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
force
Should be made in presence of the person
against whom it is directed
Causes a reasonable apprehension in the
mind of the victim
Illustration
A 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
ABDUCTION
Section 359:- Kidnapping
Kidnapping from India
Kidnapping from lawful guardianship

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

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