Offences Affecting Human Body – 299 to 377

Chapter-XVI, IPC
 Offences affecting human
body – 299 to 377
– Culpable Homicide(CH)
– Murder(M)
– Dowry Death(DD)
– Hurt and Grievous Hurt(H & GH)
– Wrongful restrain &
Wrongful confinement
– Criminal Force and Assault
– Kidnapping and Abduction
– Rape
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 HOMICIDE
Definition of Homicide :-- 
•The word ‘ homicide ‘ came from the  Latin
terms homa ( man ) and cide ( cut ) , meaning
thereby killing of a human being by a human
being is homicide.
•Killing of a human being by another human
being
LAWFUL HOMICIDE
•When the death is caused by a person
under circumstances which are excusable or
justifiable
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 Lawful Homicide
• Where death is caused by accident or misfortune and without any criminal intention or
knowledge in the doing of a lawful act, in a lawful manner, by lawful means and with proper
care and caution(Sec 80).
• Where death is caused justifiably:
– By a person who is bound or by mistake of fact in good faith believes himself bound by law(Sec76).
– By a Judge when acting judicially in the exercise of any power which is or which in good faith he believes
to be given to him by law(Sec77).
– By a person acting in pursuance of a judgement or order of a court of Justice(Sec 78).
– By a person who is justified or who by reason of mistake of fact in good faith believes himself to be
justified by law(Sec79).
– By a person acting without any criminal intention to cause harm and in good faith for the purpose of
preventing or avoiding other harm to person or property(Sec81).
– Where death is caused in the exercise of the right of private defence of person or property(Sec 100,103).
• Where death is caused by a child or a person of unsound mind or an intoxicated person as
will come under Sec 82,83,84 and 85.
• Where death is caused unintentionally by an act done in good faith for the benefit of the
person killed when
– He is a minor or lunatic his guardian has expressly or impliedly consented to such act (Se 87-88).
– When it is impossible for the person killed to signify his consent or where he is incapable of giving
consent and has no guardian from whom it is possible to obtain consent in time for the thing to be done
with benefit (Sec 92).

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 UNLAWFUL HOMICIDE
• Unlawful homicide may be
– Murder
– Culpable homicide not amounting to
murder
– Homicide by negligence

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 Homicide
(killing of a human being
by a human being)

Lawful Homicide Unlawful Homicide

Cases falling under Ingredients 1.Murder
chapter IV- 1.Causing death of a human being 2.CH nat M
General Exceptions 2.By doing an act 3.Causing death by
3.The act must have been done: negligence,304A
1. With the intention of 4.Suicide, 305-306
causing death or
2. With the intention of
causing such bodily injury
as is likely to cause death
or
3. With the knowledge that
the doer is likely by such
cat to cause death
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Culpable Homicide Not Amounting
To Murder (S.299)
Culpable Homicide is defined by section 299 of the Indian Penal Code .
• According to the section 299 of IPC
whoever causes death by doing an act with the intention of causing death , or
with the intention of causing such bodily injury as is likely to cause death , or
 with the knowledge that he is likely by such act to cause death ,
commits the offence of culpable homicide.
•The essential elements of the offence of culpable homicide are as follows :-
•i) that death of a human being was caused ;
•ii) by an act with the intention of causing death ; or
•iii) by an act with the intention of causing such bodily injury as is likely to
cause death ; or
•iv) by an act with the knowledge that the act was likely to cause death .
Without one or other of these elements an act , though it may be in it’s nature
criminal and may occasion death , will not amount to the offence of culpable homicide
.

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• Death define under section 46.Section 32
refers to acts as to include illegal omissions-
transfer of malice doctrine in sec301
• The connection between death caused and
act must be distinct and direct though not
immediate it must not be too remote.
– If the nature of connection obscure

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 Culpable Homicide and Murder

 There is no radical difference between culpable

homicide and murder.
 The true difference between culpable homicide and
murder is only the difference in degrees of
intention and knowledge.
 A greater the degree of intention and
knowledge, the case would fall under murder.
 A lesser degree of intention or knowledge, the case
would fall under culpable homicide.
 It is therefore difficult to arrive at any
categorical demarcations or strait jacket
differences between culpable homicide and
murder.
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 Murder- Far Higher Probability Of The
Causing Of Death
• We can say that the offence of murder
requires a higher degree of mens rea than
the offence of culpable homicide which
does not amount to murder.
• This higher mens rea is imported by the
more specific intention and knowledge of
the offender and far higher probability of
the causing of death.

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 Section 300 – Definition of Murder

 Culpable homicide is murder if death caused

by doing an act –
1. With the intention of causing death; or
2. With the intention of causing such bodily injury as
the offender knows to be likely to cause death of
the victim; or
3. With the intention of causing bodily injury sufficient
in the ordinary course of nature to cause death; or
4. With knowledge that the act is so imminently
dangerous that it must, in all probability, cause
death or such bodily injury as is likely to cause
death, and commits such an act without any
excuse for incurring the risk of causing death or
such injury as aforesaid.
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 Section 300(3)
In Virsa Singh v. State of Punjab Vivian Bose, J. speaking for the Court, explained the
meaning and scope of clause (3).
It was observed that the prosecution must prove the following facts before it can bring
a case under Section 300 "thirdly".
1.First, it must establish quite objectively, that a bodily injury is present;
2. Secondly, the nature of the injury must be proved. These are purely objective
investigations.
3.Thirdly, it must be proved that there was an intention to inflict that particular
injury, that is to say, that it was not accidental or unintentional or that some other
kind of injury was intended.
Once these three elements are proved to be present, the enquiry proceeds further, and
4. Fourthly, it must be proved that the injury of the type just described made up of the
three elements set out above was sufficient to cause death in the ordinary course of
nature. This part of the enquiry is purely objective and inferential and has nothing to
do with the intention of the offender.
5.These observations of Vivian Bose, J. have become locus classicus. The test laid
down by Virsa Singh case for the applicability of clause "thirdly" is now ingrained in
our legal system and has become part of the rule of law.

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 CH vs M
• In the case of State of A.P. v. Rayavarapu Punnayya, (1976) 4 SCC 382, this Court
observed as follows at page 386:
1. In the scheme of the Penal Code, "culpable homicides" is genus and "murder" its
specie.
2. All "murder" is "culpable homicide" but not vice-versa.
3. Speaking generally, "culpable homicide" sans "special characteristics of murder",
is "culpable homicide not amounting to murder".
For the purpose of fixing punishment, proportionate to the gravity of this generic
offence, the Code practically recognises three degrees of culpable homicide.
1. The first is, what may be called, "culpable homicide of the first degree". This is
the greatest form of culpable homicide, which is defined in Section 300 as
"murder".
2. The second may be termed as "culpable homicide of the second degree". This is
punishable under the first part of Section 304.
3. Then, there is "culpable homicide of the third degree". This is the lowest type of
culpable homicide and the punishment provided for it is, also, the lowest among
the punishments provided for the three grades. Culpable homicide of this degree
is punishable under the second part of Section 304."
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 Culpable Homicide And Murder
 Where there is certainty of consequences and
criminal use of force results in death of the person
against whom such force is used, the offence is the
higher offence of murder.
 Where there is no certainty but only the likelihood of
the happening of the consequences, it means a
lesser offence of “culpable homicide”.
 Murder is thus an aggravated form of culpable
homicide where special mens rea as contemplated in
the definition part of section 300 IPC is present but
the mitigating factors contained in the exceptions
thereto are non-existent.
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 Culpable Homicide Not Amounting To
Murder
Even where the death is caused with such Mens rea as
provided under Section 300, it would be Culpable
homicide not amounting to murder if death is caused
1. Under grave & sudden provocation or
2. By exceeding the right of private defence or
3. By a public servant who exceeds the power given
to him while discharging his duties or- Exercise of
Legal Power.
4. During a sudden fight without premeditation or
5. On the consent of the victim
– (Exceptions to S.300)
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Exceptions to Section 300 IPC

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 Homicide By Negligence (S.304A)

• Death is caused by a rash and negligent

act and
• Such act does not amount to culpable
homicide
• The ingredients of the offence under the
section are :-
– The accused should cause the death of human
being by an act.
– The act should be rash and negligent
– It should not amount to culpable homicide.
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Juggan Khan vs. State of Madhya
Pradesh(1965)
• In Juggan Khan vs. State of Madhya
Pradesh ( 1965) the accused, a
Homeopathic Practitioner administered
poisonous drugs without studying their effect
to the deceased who died as a result there
of. It was held that it was a rash and
negligent act to administer such poisonous
drugs without studying their effect and the
accused was therefore held guilty u/s 304-A.
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 'Death' In Section 304 B (Dowry Death)

 Section 304 B does not really define a separate

type of homicide. The 'death' under section 304-
B may be caused by any burns or bodily injury or
a death occurring otherwise than under normal
circumstances within 7 years of marriage.
Clearly, a suicide also will come within the scope
of section 304-B.
 When death of lady was subjected to cruelty or
harassment by her husband or any relative of her
husband for, or in connection with, any demand for
dowry, such death shall be called “dowry death”
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Other offences related to Homicide
• Section 306:- Abetment of suicide
• Section 307:- Attempt to murder
• Section 308:- Attempt to commit
culpable homicide
• Section 309:- Attempt to commit
suicide

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 Offences against unborn child

 Section 312: Without analyzing the threat to the

life of women

 Section 313: Without the consent of the women

 Section 314: Trying to cause miscarriage and

thereby causing death

 Section 315: An act done to prevent a child from

being born/ or born alive concealing the birth of a
child
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 Offences against unborn child

• Section 316: Act resulting in death of an unborn

child

• Section 317: Mother or father abandoning the

child

• Section 318: Secretly disposing body of child/

intentionally

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 Related To Hurt /Grievous Hurt Sec 319-338

HURT
• Causing bodily pain, disease or infirmity
GRIEVOUS HURT
• Hurt endangering life or causing severe
bodily pain for 20 days or more during
which period, he is incapable of following
his ordinary pursuits

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 WRONGFUL RESTRAINT
(Sec-339)
• Wrongfully preventing a person from
proceeding in a direction in which he has a
right to proceed
WRONGFUL CONFINEMENT
(Sec 340)
• Wrongfully preventing a person from
proceeding beyond certain prescribed
limits

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 CRIMINAL FORCE Sec-350
• Using force with an intent to commit an
offence or to cause injury, fear or
annoyance
ASSAULT-Sec 351
• Threat to use criminal force

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Kidnapping and Abduction

The literal meaning of kidnapping is child-

stealing. But in the code kidnapping is
not restricted to child stealing. Here it is
meant carrying away a person against
his will, or a minor against the will of his
guardian.
• Section 359 provides that kidnapping is
of two kinds:
– Kidnapping from India
– Kidnapping from lawful guardianship 34
 KIDNAPPING FROM INDIA
• Conveying a person beyond the limits of
India
• Without his consent or guardian’s consent
(in case of a minor or person of unsound
mind)

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 KIDNAPPING FROM LAWFUL
GUARDIANSHIP
Taking or enticing away
• a minor
– Girl – below 18 years age
– Boy – below 16 years age
• or person of unsound mind
• out of the keeping of the guardian
• without his consent

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 ABDUCTION
 Compelling by force or inducing by
deceitful means any person to go from
any place
 Essential Ingredients are :
 there must be forcible compulsion or
inducement by deceitful means and
 The object of such compulsion or
inducement must be going of the
abducted person from any place.
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 Kidnapping & Abduction Distinguished

•Abduction can be committed in respect of a

person of any age. Kidnapping from India
can also be committed in respect of any
person irrespective of age; kidnapping
from lawful guardianship can, however, be
committed only in respect of a minor under
16 years of age, if a male, and under 18
years of age, if a female or a person of
unsound mind irrespective of his age
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 RAPE
 Man having sexual intercourse with a woman
 Without her consent or
 Against her will
Aggravated forms
 By police officer in police custody
 By a public servant
 By Superintendent of Jail
 By Management or staff of hospital
 Gang rape
 Rape of pregnant woman
 Rape of girl under 12 years
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