Offences against the body(II)

Unit 8
 Hurt-S. 319
Meaning: Causing bodily pain, disease or infirmity to any person
 Grievous Hurt-S.320
Inflicting specific type of injuries listed in clause 1-7 of the section or any injury that falls
within general clause 8 (hurt endangers life, or causes severe pain for 20 days+ disruption of a
person’s routine activities)
 Note: Even if death occurs, but the intention was only to cause hurt or grievous hurt, then
accused will be punished under these sections and not for culpable homicide/murder e.g.
single blow on face without any other violence, which ends up causing death will
necessitate punishment only for voluntarily causing hurt
 Criminal Force-S.350
Intentional use of force without consent which causes motion, change of motion or stoppage of motion
to any other person in order to commit an offence, or cause injury, fear or annoyance to that person
*No need to cause bodily injury or hurt for act to fall under this section
 Assault-S.351
i)Making gesture/preparation to use criminal force in presence of person in respect of whom it is made
ii) Intention or knowledge that such gesture/preparation would cause apprehension of use of criminal
force in mind of victim
iii)Actual apprehension in the mind of the victim of use of criminal force
Only words don’t amount to assault unless the words give gesture/preparation some meaning
 Wrongful Restraint-S. 339
i)Voluntary obstruction of a person
ii)Preventing person from proceeding in a direction in which he has right to proceed
Exception-Obstruction of public way in good faith is not an offence under the section
 Wrongful Confinement-S 340
i)Wrongful restraint
ii)Prevents person from proceeding beyond certain circumscribed limits which they have right
to proceed beyond
Restraint is total, not partial
 Kidnapping-S. 359-361
 Section 359: There are 2 types of kidnapping-from India, from lawful guardianship
 Section 360: Kidnapping from India- conveying any person beyond limits of India without
consent
 Section 361-Kidnapping from lawful guardianship-
i)taking(to go, escort- not necessarily with force)/enticing(inducement/allurement)
ii)Person of unsound mind/female below 18/male below 16
iii)Out of keeping of lawful guardian(any person entrusted with care or custody, not necessarily
legal guardian)
iv) Without consent of lawful guardian(consent of person kidnapped is not relevant)
 S. Varadarajan v. State of Madras- no evidence of taking by accused since he played no
active part to convince her to leave the house, therefore offence of kidnapping not made out
Abduction-S. 362
 Ingredients:
i)Compulsion by force/ deceitful inducement(misleading)
ii)For going of a person from any place
 Difference between kidnapping and abduction:
• Abduction can be of person of any age
• No need to remove from lawful guardianship, offence is in respect of person abducted
• Force or deceitful means used, as opposed to kidnapping where means are not
• Consent of person abducted would condone offence, which is not true for kidnapping because it’s an
offence the guardian
• Intent of the abductor is relevant since it’s not a substantive offence, but kidnapping is a substantive by
itself
• Abduction is a continuing offence whereas kidnapping is complete as soon as minor/person of
unsound mind is removed from lawful guardianship