You are on page 1of 21

5/8/2011 Lecture 20 1 5/8/2011 Lecture 20 1

Causing Hurt by Means of Poison, etc., with Intent to Commit an Causing Hurt by Means of Poison, etc., with Intent to Commit an Offence.- Sec>on 328

Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating, or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 5/8/2011 Lecture 20 2

Comment.The offence under this section is complete even if no hurt is caused to the person to whom the poison or any stupefying, intoxicating, or unwholesome drug is administered. This section is merely an extension of the provisions of s 324. Under s 324 actual causing of hurt is essential: under this section mere administration of poison is sufficient to bring the offender to justice. 5/8/2011 Lecture 20 3 Comment.The offence under this section is complete even if no hurt is caused to the person to whom the poison or any stupefying, intoxicating, or unwholesome drug is administered. This section is merely an extension of the provisions of s 324. Under s 324 actual causing of hurt is essential: under this section mere administration of poison is sufficient to bring the offender to justice. 5/8/2011 Lecture 20 3

Essen>al Ingredients

(1) The offender should administer a poisonous, stupefying, intoxicating or unwholesome drug; or (2) Such administration should be with the intention to cause hurt; or (3) With the intention to commit or facilitate the commission of an offence; or (4) Such administration should be with the knowledge that it is likely to cause hurt. 5/8/2011 Lecture 20 4

Administering unwholesome drug.5/8/2011 Lecture 20 5 .A man administered the juice of some leaves to some villagers by way of ordeal and some of them showed symptoms of poison; .The accused administered powder of dhatura to a woman and robbed her of her jewellery while she was senseless; .A wife, not knowing the dangerous properties of aconite, administered it to her husband by mixing it with his food and he died. .In all these instances, it was held that an offence under this section was committed. Administering unwholesome drug.5/8/2011 Lecture 20 5 .A man administered the juice of some leaves to some villagers by way of ordeal and some of them showed symptoms of poison; .The accused administered powder of dhatura to a woman and robbed her of her jewellery while she was senseless; .A wife, not knowing the dangerous properties of aconite, administered it to her husband by mixing it with his food and he died. .In all these instances, it was held that an offence under this section was committed.

Dharm Das Wadhwani v. State of Dharm Das Wadhwani v. State of UJar Pradesh AIR 1975 SC 241

The accused was a compounder in a small hospital. The senior doctor of the hospital arrived in the morning with a bad headache and asked the accused for 10 grams of aspirin. The accused took 12-13 minutes to bring the aspirin, which was readily available in the dispensing room. The doctor consumed the medicine. It was bitter, which was an unusual test for aspirin. He asked the attainder to fetch him a glass of water. By then, the second doctor was sitting in the next chair. The senior doctor complained about the strange bitterness in the tongue, though aspirin was supposed to be tasteless. He gargled his mouth, washed his face with water and asked the attendant to buy some betel leaves to overcome the bad taste. He thereafter proceeded to do his normal work and tried to give injection to a waiting patient but began to feel shaky. 6 5/8/2011 Lecture 20

Contd.. .He had sensation of cramps in the calf muscles. The other doctor ran into the dispensing room and asked the accused from which bottle he had given the aspirin. .The accused showed him the aspirin bottle. The doctor asked him if he had given strychnine a deadly poison accidently. .The accused denied it, stating that strychnine was not in stock at all. He started trembling. In the meantime, the doctor was rushed to the hospital and given a stomach wash. It was found that it was indeed strychnine, which was administered to the doctor by the accused. .The accused was convicted under s 328, IPC. 5/8/2011 Lecture 20 7 Contd.. .He had sensation of cramps in the calf muscles. The other doctor ran into the dispensing room and asked the accused from which bottle he had given the aspirin. .The accused showed him the aspirin bottle. The doctor asked him if he had given strychnine a deadly poison accidently. .The accused denied it, stating that strychnine was not in stock at all. He started trembling. In the meantime, the doctor was rushed to the hospital and given a stomach wash. It was found that it was indeed strychnine, which was administered to the doctor by the accused. .The accused was convicted under s 328, IPC. 5/8/2011 Lecture 20 7

Sections 5/8/2011 Sections 5/8/2011

330 & 331 Lecture 20 8 330 & 331 Lecture 20 8

Voluntarily causing hurt to extort Voluntarily causing hurt to extort confession, or to compel restora>on of property.- Sec. 330

Whoever voluntarily causes hurt for the purposes of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 5/8/2011 Lecture 20 9

Illustra>ons .(a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section. .(b) A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section. .(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section. .(4) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section. 5/8/2011 Lecture 20 10 Illustra>ons .(a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section. .(b) A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section. .(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section. .(4) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section. 5/8/2011 Lecture 20 10

Comment..This section is similar to s 327 which deals with causing of hurt for the purpose of extorting property or valuable security. .It punishes the inducing of a person by causing hurt to make a statement, or a confession, having reference to an offence or misconduct; and whether that offence or misconduct has been committed is wholly immaterial. .The principal object of the section is to prevent torture by the police. 5/8/2011 Lecture 20 11 Comment..This section is similar to s 327 which deals with causing of hurt for the purpose of extorting property or valuable security. .It punishes the inducing of a person by causing hurt to make a statement, or a confession, having reference to an offence or misconduct; and whether that offence or misconduct has been committed is wholly immaterial. .The principal object of the section is to prevent torture by the police. 5/8/2011 Lecture 20 11

The accused, a investigating officer and his assistant, entertained suspicion about two persons in a case of theft and subjected the suspects to ill-treatment to extort confession or information leading to detection of stolen properties, the accused were held guilty of offence under section 330. 5/8/2011 Lecture 20 12 The accused, a investigating officer and his assistant, entertained suspicion about two persons in a case of theft and subjected the suspects to ill-treatment to extort confession or information leading to detection of stolen properties, the accused were held guilty of offence under section 330. 5/8/2011 Lecture 20 12

The punishment provided for under s 330 is imprisonment of either description for a term which may extend to seven years and fine. The Supreme Court held that these provisions are inadequate to repair the wrong done to citizens and the victims of crime should be compensated. 5/8/2011 Lecture 20 13 The punishment provided for under s 330 is imprisonment of either description for a term which may extend to seven years and fine. The Supreme Court held that these provisions are inadequate to repair the wrong done to citizens and the victims of crime should be compensated. 5/8/2011 Lecture 20 13

Voluntarily causing grievous hurt to extort confession, or to compel Voluntarily causing grievous hurt to extort confession, or to compel restora>on of property.-Sec. 331

Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine. 5/8/2011 Lecture 20 14

Essen>al Ingredients of these Essen>al Ingredients of these sec>ons.-

(1) The offender should voluntarily cause hurt or grievous hurt; (2) It should be done for the following purposes: (a) to extort confession or information; (b) to restore or cause restoration of any property or valuable security; (c) to satisfy any claim or demand; (d) to obtain information, which may lead to the restoration of any property or valuable security; (3) If it is for the purpose of extorting confession or information, such confession or information should lead to the detection of an offence or misconduct. 5/8/2011 Lecture 20 15

Sections 5/8/2011 Sections 5/8/2011

332 & 333 Lecture 20 17 332 & 333 Lecture 20 17

Voluntarily causing public servant from Voluntarily causing public servant from 332

hurt to deter his duty.- Sec. hurt to deter his duty.- Sec.

Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 5/8/2011 Lecture 20 18

Per EDGE, C.J., in Dalip, (1896) 18 Per EDGE, C.J., in Dalip, (1896) 18 All 246, 250, 251

Suppose, a warrant is handed to a police-officer for the arrest of a particular person. That warrant on the face of it does not direct him to break open premises, in order to effect the arrest, and yet it may be necessary for the officer in discharge of his duty in arresting the accused under the warrant to break into the house of the accused, or to do some other act without the doing of which the warrant could not be executed. Such acts would be properly described as done or attempted to be done by the policeofficer in the lawful discharge of his duty, and therefore would not be covered by the concluding portion of this section. 5/8/2011 Lecture 20 19

Voluntarily causing grievous hurt to deter public servant from his duty.Voluntarily causing grievous hurt to deter public servant from his duty.Sec. 333

Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 5/8/2011 Lecture 20 20

Essen>al Ingredients of these Essen>al Ingredients of these sec>ons.-

(1)The offender should voluntarily cause hurt or grievous hurt to a public servant; (2) It should be caused: (a) when the public servant acted in discharge of his duties; (b) to prevent or deter that public servant or any other public servant from discharging his duty; or (c) in consequence of anything done or attempted to be done by the public servant in the discharge of his duty. 5/8/2011 Lecture 20 21