NO T E: S AM P L E T E AC HI NG M AT E R I AL I S S UE D B Y F OR E N SI CI NDI A.

C O M F O R
TE ACH I NG P UR PO S E O NL Y. I LL E G AL CO P Y I NG AN D D I S TR IB UT IO N I S
S T RI CTL Y R E S PR IC T E D. S P EL LI NG E RRO R I F AN Y I S D E E PL Y RE GR E T E D.

WWW.FORENSICINDIA.COM
IMPORTANT SECTIONS IN IPC, Cr PC, AND IEA
Injuries Related
Section 44 of IPC: Definition of Injury
Any harm whatev er il legall y cause d to a ny p erson in body, m ind, reputat ion
or propert y.

Section 319 IPC: Hurt

Hurt m eans bod ily p ain, dise ase or inf irm ity c ause d to any person.

Section 320 IPC Gri evous Injury

Any of the f ollo win g injuries are grievous .
1. Em asculat ion ( Depr iving a m ale of m asculine v ig our)
2. Perm anent priv atio n of sight of either eye .
3. Perm anent priv atio n of the hearing of either ear.
4. Priv atio n of any m em ber or joint (m em ber m eans an orga n or a
lim b being part of man capable of perf orm ing a dist inct f unction).
5. Destruction or perm anent im pairi ng of po wers of any m em ber or
joint.
6. Perm anent disf ig urat ion of the hea d or f ace.
7. Fracture or dis locat ion of a bone or tooth.
8. Any h urt which endangers lif e, or which causes the v ict im to be
in sever e bodil y pai n, or u nab le to f ol low his ord inary pur suits f or a
period of 20 da ys.

321 IPC: Defines “Voluntaril y Causing Hurt”

322 IPC: Defines “Voluntaril y Causing G rievous Hurt”

323 IPC : Des cribes Punis hment fo r Voluntarily Causing Hurt. Sha ll b e
im prisonm ent which may e xtend f or one year with or without f ine which m ay
be Rs 1 000/-.

324 IPC : D escribes Punishment for Vol untaril y C ausi ng Hurt b y dangerus
w eapon shall be im prisonm ent f or upto 3 years with or wit hou t f ine.

325 IPC : D escribes Punishment for Voluntaril y Ca using G rievous Hurt.

Sha ll be im prisonm ent which m a y extend f or 7 yea r with or without f ine.
 WWW.FORENSICINDIA.COM
326 IPC: Desc ribe s Punis hment for Volunta ril y Causing Grievous Hurt b y
dangerous w eapon or means. Sha ll be im prisonm ent f or lif e or f or 10 years
with or wit hout f ine.

327 IPC Pu nishm ent f or causing h urt to extort propert y sh al l be 10 years

with or wit hout f ine.
328 IPC Pun ishm ent of causing hurt b y m eans of poison etc shall be
im prisonm ent upto 10 years with or with out f ine.

351 IPC: Defines As sault: Threat/attempt to appl y force

W hoever m ak es an y gesture, or pr epara tion intendin g or k no wing it t o

to be l ik ely that suc h gestur e , or preparation will cause a ny person present
to apprehen d that h e wh o m akes the gesture or pre parat ion is about t o use
crim inal f orce to that person, is sa id to c om m it an assault.

353 IPC
Punis hment f or c ausing assa ult shall b e im prisonm ent upto 2 years with or
without f ine.

354 IPC: Punishment for c ausing a ssault to w omen w ith intend to

out rage he r mo des ty shall be im prisonm ent upto 2 yea rs with or wit hout
f ine.

498 A IPC: Pu nishment for husband or relative of husband of a wom en

subject ing her to cruelt y, sh al l b e im prisonm ent f or upto 3 ye ars with or
without f ine.

Forensic Psychiatry, Consent and Alcohol

82 IPC : Act of a child unde r 7 years of age N othing i s a n off ence wh ich is
done b y a child und er 7 years of age

83 IPC: Ac t of child b/w 7-12 yrs

Nothing is an off ence which is done by a chi ld abov e 7 years and under 12
years, who has not a ttained m aturit y of u nderstanding ti ju dg e the natur e and
conse quences of his conduct on that occ asi on.

84 IPC: Mc N aughte n’s Rule or legal te st

Nothing is an of fence whic h d one by a p erson who at th e tim e of doing it, is
by re ason of unsoun dedness of m ind, is incap able of k nowi ng the bature of
the act, or that what is doin g is wrong or contrar y to l aw of the lan d.
 WWW.FORENSICINDIA.COM
Section 85 IPC : Ac t unde r intoxi cation
Nothing is an off ence whic h is do ne by a person, wh o at the t im e of doing
it, is b y r eason of in toxicat ion, incapable of knowing the nature of the act or
that he is d oi ng wh at is either wrong or contrary t o la w; provided the thin g
which intox ic ated h im was adm inistered to him with out his knowledge or
against his will.

Section 86 IPC
In cases where an act done is not an offence u nl ess done wi th a parti cu lar
k nowle dge or intent, a perso n who does t he act in a state of i ntoxication shall
be lia ble to be dea lt with as if he had the som e knowledge as he wou ld h ave
if he h ad not bee n intox ic ated, u nless the th in g which int oxicated him was
adm inister ed to him with out his k no wledg e or against his will.
Thus, dr unk enness caused by voluntar y use of alcoh ol or som e other
intox ic ating dru g is no e xcuse f or the com m ission of a crim e but insa nity
produc ed by drunk en ness, volu ntary or other wise, absolves one f rom crim inal
respons ib ilit y if it c an sta nd t he usua l l ega l tests applie d in other f orm s of
insanit y.

87 IPC: Consent above 18 years to suffer ha rm

a pers on below 1 8 years of age cannot give a valid consent, whether ex press
or im plied to suff er an y harm which m ay resu lt f rom an act not intended or
not k nown to cause death or griev ous hurt.

88 IPC: Consent above 18 years

A person ca n give valid consent to suff er any harm whic h m a y res ult from an
act, not intende d or not k no wn to ca use death, done in good faith and f or its
benef it

89 IPC: Consent bel ow 12 years

a ch ild be low 12 years of age and a n i nsane perso n ca nnot give v alid
conse nt to suf f er any harm which m ay r esu lt f rom an act done in good f aith
and f or its benef it.

90 IPC: Consent un der fear

A cons ent given by a person under f ear of inj ur y, or due to misunderstan ding
of a f act is not valid

Section 53 (i) CrPC

An accused may be examined bya medical practitioner at the request
of a
 police officer using reasonably necessary force.

Section 53 (ii) CrPC

W henever the person of a female accused is to be examined, the
examination shall be m ade only by or under the supervision of a female
registered m edical practitioner.

Section 54 C rPC
An arre sted perso n m ay be exam ined at his re quest b y a m edical
practition er to detect evidence in his f avo ur.

WWW.FORENSICINDIA.COM
Injury: Murder and Culpable Homicide
Section 299 IPC: De fines Culpable Homicide
W hoever cau si ng de ath by doi ng an act with the intent ion of caus in g death,
or with the intent io n of causing such bod ily injur y as os l ik ely to cause death
, or with the k no wle dge that he is lik el y b y suc h act to cause death, c om m its
the off ence of culpable h om icid e.

Murd er: Section 300 IPC

Culpabl e homicide is murde r:
• If the act by which the de ath is ca used is d one with the in tention of
causing death or,
• If it is done wit h the intent ion of causing such bodi ly inj ury as the
off ender knows to be lik el y to c ause deat h or,
• If it is don e with th e intention of causing such bod ily injur y wh ich is
suff icient inthe ordi nary course of nature to cause d eath or,
• If the person c omm itting the act k no ws that it i s so im m inentl y
dang erous, that it m ust in all prob abilit y cause death or s uch bodily
injur y as is likel y t o cause death and comm its such act wit hout any
excuse.
Culpable homicide is not murde r:
a) If the off ender whi lst de priv ed of the power of self control b y grave an d
sudde n provocation causes the de at h of the person who ga ve the
provocat io n, or causes the deat h of other person by m istak e or accident.
b) If in good f aith of the right of priv ate def ence of person Or prop ert y, the
off ender exceed s th e po wer given to hi m by la w and cause s the death of the
person against who m he is exercising s uch right of defence, without prem ed-
itation and witho ut an y intent ion of doing m ore harm than what is nec essar y -
f or the purpose of such def ence.
c) If the off ender, being a public serv ant or aid ing a publ ic se rvant acting f or the
 advan cem ent of public justic e, excee ds the powers g iven to him by la w an d
causes death by doing an act wh ich h e, in good f aith bel iev es to be l awful
and nece ssary f or the due dis charg e o f his dut y and without an y ill- wi ll
towards th e perso n whose deat h is caus ed.
d) If the act is com mitted without pr em editat io n in a sudden fight in the heat of
passion or a sudde n quarre l, with outthe offender having tak en an y undu e
advantage or acting in a cruel or u nusual m anner. (It is i mm aterial which
party off ers the provocation or comm its the f irst assau lt.)
e) W hen the person whos e deat h is c aused, being a bove the age of 18 years,
suff ers death or tak es the risk of death with his o wn co nsent.

301 IPC: Culpable hom icide b y c ausing death of a person ot her than whose
death is intend ed.

Section 302 IPC: Punish ment for murder

W hoever com m its murder, sha ll be pu ni shed with death or tra nsportat ion f or
lif e and s ha ll a ls o be li ab le to f ine.

303 IPC: pun ishm ent f or m urder by a l if e conv ict.

Section 304 IPC: Punis hm ent f or culpab le homicide not am ounting to murde r
W hoever comm its culpa ble hom icide not am ounting to m urder,
1) shall be pu nishe d with im prisonm ent f or lif e or im prisonm ent of either
descr iption f or a term which m ay extend to 10 years and shall als o be liabl e
to f ine, if the act by wh ich death is ca used is don e with t he intention of
causing death or of caus ing s uch bod ily injury as is likely to c ause death.
or
2) with im prisonm ent of either descript io n whic h m ay exten d to 10 ye ars or with
f ine or b oth if the a ct by wh ich death is caus ed is done wit h the know ledge
that it is lik e ly to cause death but without an y intent ion to c ause de ath or to
cause s uch b odily inj ur y as is lik el y ca us e death,

Section 304 A I PC : Causing de ath by n egligence

W hoever, causes th e death of a person by doin g any r ash or negligent act
riot am ounting to c u lpa ble h om icid e s hall be punish ed wit h i m prisonm ent of
either descript ion f or a term which m ay e xtend to 2 years, or with fm e or with
both,

304 B IPC: Dow ry d eath

when death of a wom en occurs due t o burn or oth er bo di ly injur y or i n
circum stances other than norm al, with in 7 yea rs of m arriage, and it is s ee n
that she was s ubje cted to crue lt y or harassm ent by her husba nd or any
relat ive of her husb and f or or in conne ction with the dem and of dowr y, suc h
death shall b e called do wr y death and t he hus band or hi s relat ive s ha ll b e
deem ed to have caused her d eath.
305 IPC: Punishm ent of abetem ent of suic id e of a chi ld under 18 years of
age or an ins ane s ha ll be upto 10 years w ith or without f ine.

Section 306 IPC: Punish ment for abetment of suicide

Im prisonm ent of either descr iption f or a term which m ay extend to 10
years an d f ine.

Section 307 IPC: Punishment for atte mpt to murde r

Im prisonm ent of either description f or a term upto 10 ye ars and fm e.

Section 309 IPC : Attempt to c ommit suicide

Pun ished with im prisonm ent f or 1 yea r or with fine or with bot h.

Simpl e Injuries: All inj ur ies which are n ot grievous are sim ple .

Dange rous Injuries: Danger ous inj ur ies are those wh ich cause imm inent
dang er to lif e, either b y involvem ent of im portant organs or structures, or
extens ive area of the bod y. If no sur gical aid is avai lable, s uch injur ies m ay
prove f atal.

WWW.FORENSICINDIA.COM
SEXUAL OFFENCES AND CRIMINAL ABORTION
It is the in duced d es truction and expulsion of the f oetus from the m other's
wom b unla wf ully. I n other wor ds, it is abortion not in acc ordance with the
provi si ons of the Mf P Act, 19 71. It is g enerally induced bet ween the sec ond
and third m onths of pregna nc y and occ asio na lly bet ween the f ourth and fif th
m onths.
Legal bearing
Sections 3 12, 3 13, 314, 315 and 3 16 IPC ref er to the of f ence of crim inal
m iscarriage and p un ishm ent awarded f or these of f ences.

Section 312 IPC : Causing mis carriage

W hoever volunt ari ly causes a wom an wit h ch ild to m iscarry, shall if suc h
m iscarriage be not c aused in goo d f aith f or the purpo se of savi ng the lif e of
the wom an, be punished with im prisonm ent of either descr ipt ion f or a term
which m ay extend to 3 yea rs, or wit h f in e, or wit h b oth; a nd if the wom an be
quick wit h the child, sha ll be pun is hed with im prisonment of either
descr iption f or a term whic h m ay extend to 7yea rs and sh all als o be liable t o
f ine.
 WWW.FORENSICINDIA.COM
Section 313 IPC: Ca using m iscarriage wi thout wom an's cons e nt
W hoever vo luntar ily cause s a wom an with child to m iscarr y wit hout th e
conse nt of the wom an, whether the wom an is quick with the c hild or not, shall
be punis hed wit h transportation f or lif e or with im prison m ent of either
descr iption for a term wh ich m ay exten d to 10 yea rs a nd s hall also be liable
to f ine.

Section 314 I PC : Death caused by an act done w ith intent to cause

misca rriage
W hoever with intent to cause m iscarriag e of a wom an with child, does
an y act whic h c au ses the death of the wom an, shall be punis hed with
im prisonm ent of either description f or a term wh ich m a y ext end to 10 years
and s hall also be l iable to f ine; and if the act is done without the consent
of the wom an, shall be punished with eit her transp ortation f or lif e or with t he
above m entioned punishm ent. Explanation: It is n ot nec essar y f or the
off ender to k now that the act is likely to c ause death.

Section 315 IPC : Act done w ith intent to prevent child being born alive
or to c aus e it to die after bi rth
W hoever bef ore the birth of an y ch ild, does any act with the intent ion of
prevent ing that child from being born a live or caus in g it to d ie af ter its birth
and does by s uch an act prevent that ch ild f rom being born ali ve or caus es it
to d ie af ter its b irth sha ll be pu nis hed with im prisonm ent of either descript ion
f or a term . W hich m a y extend to 10 years or with f ine or with both, prov ide d
the act is not don e in good f aith f or the purpos e of saving the lif e of the
m other.

Section 316 IPC : Causing de ath of qui ck unborn child by act amounting
to culpabl e homicide
A person would be guilt y of culpable hom ic ide if he caused the death of a
pregna nt wom an b y an act whic h he k new was lik el y to ca us e her deat h. If
his act injured the wom an and d id not cause h er deat h, but c aused the deat h
of her unborn quick child, h e wou ld b e g uilt y of the off ence def ined under this
sectio n and sha ll b e pun ished with im prisonm ent f or a term which m ay exten d
to 10 yea rs and shall also be l iable to f in e.

Section 375 IPC : Definition of Rape

Unlawf ul s exual intercourse by a m an,
• with h is own wif e under the age of 15 years or,
• with a ny oth er wom an under the age of 16 years, with or with out her
consent or,
• with a ny oth er wom an abov e the ag e of 16 years, against her wil l,
 with out her consent or,

• with her consent, when her con sent has been obta in ed by p utting her
or
an y pers on in whom she is inter ested in f ear of death or hurt or,
• with her c ons ent, when the m an, k nows that he is not her husband and
that
her conse nt is give n be caus e s he be lieves t hat he is another m an to
whom
she is or believes h erself to be lawf ull y m arried or,
• with h er cons ent, wh en at the tim e of givi ng such c onsent, by reason of
unsou ndn ess of m ind, or intox ic ation, or the adm inistrat ion of any st upef yin g
or unwho les om e substance, she is unabl e to underst and the nat ure an d
conse quences of that to whic h she g iv es conse nt.

Section 376 IPC: Punish ment for Rape

W hoever com m its rape, shall be pun is hed with im prisonm ent of either
descr iption f or a term which shall not be less than 7 years but whi ch m a y be
f or life, or f or a term which m ay exten d t o 10 yea rs and shal l also be lia ble to
f ine.

Custodial rape
Rape by po lice of ficer or pub lic s ervant who abus es his pos ition of
authorit y is p un ishable by im prisonm ent for at least 1 0 years t o l if e and fine.

Section 376 A I PC : Ma rital rape

W hoever has sexual interco urse with his own wif e, who is living
separate ly from him under a degree of separat ion or un der any custom or
usage witho ut her c onsent, s hal l be punis hed wit h im prisonm ent of either
descr iption f or a term which m ay extend to 2 ye ars and shall also be liable to
f ine.

Section 376 B IPC

Sexual intercour se not-am ounting t o rap e by a p ub lic serv ant who induc es
or seduces a wom an in his custody to have. sexual i ntercours e with him shall
be punis hab le with i mprisonm ent of up to 5 yea rs and f ine.

Section 376 C IPC

Sexual intercourse not am ounting to rape by a super intendent of jail,
rem and hom e or other places of custody who induces or seduces any f em ale
inm ate to have sexua l int ercours e with him shall be punishable wit h
im prisonm ent of up to 5 years and f ine.

Section 376 D IPC

 Sexual intercourse not am ounting t o rape by a m em ber of the
m anagem ent or staff of a hospital wh o tak ing advantage of his pos it ion
induces or sed uces an y wom an in the hospital to have sexua l intercours e
with h im shall be pu nis hable with im prisonm ent of up to 5 years ahd f ine.

Section 114 A I E A
In a prosec utio n for rap_, where th e quest ion is whe ther sexual
intercourse was wit hout the c onse nt of the wom an, and she states in her
evidenc e that sh e did not consent, the c ourt shall presum e that she di d not
conse nt.

Section 228 A I PC
Dis cl osure of ident it y of the victim against whom an off ence under
sectio ns 376, 37 6A-D IPC is alleged to have bee n comm itted, is not
perm itted except b y due authori zation. Any perso n who pri nts or publ ishes
without a uthor izat io n b y a proper auth orit y the nam e or any m aterial wh ich
will result in identif ying the v ict im of rape shall be punished with
im prisonm ent of upto 2 years a nd f ine.

Section 354 IPC: Indecent ass ault

Indecent assault on a f em ale comm itted wit h intent or knowle dge to
outrage her m odest y is punis hable with im prisonm ent of either descript ion f or
a term which m ay ex tend to 2 years or f ine or with both.

Section 377 IPC: Unnatural offence s

W hoever, voluntar ily has car nal intercourse agai nst the order of nature
with an y m an, wom an or anim al shall be punis hed with trans portation f or lif e
or with im prisonm ent of either d escri ptio n f or a term which m ay extend to 1 0
years a nd sh all also be l iab le to f ine.

WWW.FORENSICINDIA.COM
Poisoning
Sec. 27 2 I.P.C. - Punishm ent f or adult erating f ood or drink intended f or
sale, so a s to m ake the sam e noxious, m ay extend upto 6 months
im prisonm ent of either term and/or f ine upto one thousand rupees.
Sec. 273 I.P.C. - Punishm ent for sellin g no xious f ood or d rink m a y b e
im prisonm ent of either descript ion f or a period of 6 months and or f ine upto
one thousand rupe es .
Sec. 274 I.P.C. - Punishm ent f or adulteratio n of drugs in any f orm with
an y ch ange i n its eff ect k nowing that it W ill be sold and used as un-
adulterated drug, m ay b e im prisonm ent of either descr ipti on f or a per iod-of 6
months and or f ine.
 WWW.FORENSICINDIA.COM
Sec. 275 l.P.C. - Punis hm ent f or k nowingly se llin g adulterat ed drugs wit h
less ef f icacy or altered action serving it f or use as unadulterated m ay b e
im prisonm ent of either descr ipti on f or 6 mo nths an d or f ine.
Sec. 276 I.P.C. - Punishm ent f or selling a drug as a different drug or
Preparat io n m a y be im prisonm ent of either descr ipt ion whi ch m ay extend
upto 6 m onths and or f ine. .
Note - In the State of W est Bengal, the puni sh m ent f or these off ences
descr ibed under sect ion s 272 to 276 m ay be upto i mprisonment for life wit h
or without f ine.
Sec. 277 I.P.C. – Punishm ent f or fouling w ater of publi c spr ing or
reservoir m a y b e im prisonm ent of either descr ipti on which m ay extend u p to
a period of 3 month s and or f ine.
Sec. 278 I. P.C. - Punishm ent f or volunt aril y m ak ing atm osphere noxious
to hea lth is f ine which m ay extend u pto f ive hundred rupees.
Sec. 284 I.P.C. Punishm ent f or negl ige nt con duct with respect to
poisonous subst ance m ay be im prisonm ent of either description wh ich m ay
extend upto 6 months a nd or f ine which m ay extend u pt o one tho usand
rupees.
Sec. 328 I.P.C. :Punis hm ent' f or causin g hurt by m eans of poison or any
stupef ying, int oxicat ing or unwho lesom e drug or any othe r thin g with the
intent to comm it an off ence sha ll be im prisonm ent of either descr ipti on f or a
term whic h m a y extend to ten years wit h or with out f ine.

WWW.FORENSICINDIA.COM