Offences Against Human Body Under Indian Criminal Law

Introduction:

The term “Crime against the person” refers to a broad array of criminal offences which also particularly involves offences that are interrelated to bodily injury or harm. Under the Indian legal system, Indian Penal Code, 1860 is the criminal law of the nation that defines the variations and varieties of offences with their punishments as well. Specifically, under the Indian Penal Code, 1860, “Chapter XVI, Of Offences Affecting the Human Body” contains the offences including bodily injury or threat to life or harm.

There are categorically many offences that are aggravated form the same offence under Chapter XVI, for instance, hurt and grievous hurt, etc. Some of the major primary offences are;

• Culpable Homicide
• Murder
• Death by Negligence
• Dowry death
• Hurt
• Grievous Hurt
• Wrongful restraint and confinement
• Assault
• Kidnapping and abduction
• Sexual offences

Offences Affecting Life

Criminal acts that consist of serious injury and are of the tendency that if such injury is caused to a person, it might affect the life of that particular person and such offences are the most dreadful and inhumane in nature. Following are few of the offences affecting life;

1. Culpable Homicide – Sec. 299 of IPC defines culpable homicide. In simple terms, it is an offence of causing death, with intention or knowledge of such act of his that it may positively cause death.

Ingredients of Culpable Homicide;

1. Death of the person, whether by an act of the offender or any expression of his.
2. Presence of Mens Rea, or the intention to commit the crime
3. Knowledge of the fact that by causing such bodily injury, it will result in the cause of death.

In Palani Goundan v. Emperor[1], it was held that “Death caused without requisite intention or knowledge is not culpable homicide. In the absence of intention or knowledge, the offence committed may be hurt or grievous hurt”.

1. Murder – Sec. 300 of IPC defines murder. In brief, it means, “All murders are culpable homicide but not vice-versa”. In simple terms, a man is said to commit murder when his act to cause death is aided with the intention to kill or with the knowledge that causing such bodily injury is likely sufficient in ordinary prudence to cause death.

Ingredients of Murder;

1. Absolute presence of Mens Rea
2. Intention to cause such bodily injury, which may turn out in causing death
3. Committing such an act, with the knowledge (ordinary prudence) that such an act is of the nature that it must, in every possibility, likely to cause death.
4. Most importantly, the absence of a lawful excuse.

In Emperor v. Dhirajia[2], it was concluded that “An act done with the knowledge of its consequences is not prima facie murder. It becomes murder only if it can be positively affirmed that there was no excuse”.

1. Death by Negligence – Sec. 304A of IPC, inserted by 27^th Act of 1980 in the penal code, defines causing death by negligence as “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”.

In Munile Sao v. State of Bihar[3], it was held that in order to impose criminal liability on the offender under sec. 304A, it must be proved and found that the incident occurred mainly due to the rashness or negligence or else the act will be of culpable homicide, not amounting to murder.

Offences Related to Various Kinds of Hurt

The third part, “Of Hurt” in chapter XVI deals with the physical harm or hurt against an individual and also the aggravated forms of hurt such as;

1. Hurt – Sec. 319 of IPC defines ‘Hurt’ as “Whoever caused bodily pain, disease or infirmity to any person is said to cause hurt”. Which means the hurt should be of such nature which if inflicted, is likely to cause pain in the body, some sort of disease or infirmity of any organ of the body as it means non-functioning of a body organ.

The offence of causing hurt is non-cognizable, bailable. The punishment is imprisonment for one year or a fine of thousand rupees or both.

1. Grievous Hurt – Sec. 320 of IPC defines grievous hurt and has categorized several kinds of hurts that may be designated as ‘grievous’. An injury may be called grievous only if it endangers life. A simple injury cannot be called grievous because it happens to be caused on a vital part of the body unless the nature and dimensions of the injury or its effect are such that in the opinion of a medical expert, it actually endangers the life of the victim. Hurt or grievous hurt to be punishable must be caused voluntarily, as defined in Sec. 321 and 322 of IPC.

In Rambaran Mahton v The State of Bihar[4], the high court held some ingredients of ‘Grievous hurt’ as;

1. The hurt caused must not be simple but malicious in nature and of ill-will.
2. The offender intended, or knew himself, to be likely to cause grievous hurt. In other words, intention to cause such injury or hurt must be present, i.e. Mens Rea.

Offences Against Wrongful Restraint and Confinement

The part deals with the offences related to the infringement of persons’ privacy, rights as restrained illegally without any lawful justification. Such offences usually occur in instances of custodial arrest, illegal detention, etc.

1. Wrongful Restraint – Sec. 339 of Indian Penal Code defines the offence as “Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person”. The only exception is obstruction from entering a private territory which is imposed in good faith, will not amount to restraint or confinement.

In Madala Perayya vs. Varugunti Chendrayya[5], the complainant and defendant owned a well from which they both extracted water for agricultural purposes in their own fields. After some time, the accused restrained the complainant from extracting the water and claimed the ownership of the well. The Madras High Court held that “since the well is owned by both the parties and the accused had made a false claim of ownership on it, he has committed the offence of wrongful restraint under sec. 339 of IPC

1. Wrongful Confinement – Sec. 340 of IPC defines the crime of wrongful confinement as “Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person”.

In State vs. Balakrishnan[6], the victim was detained in the police station. The accused claimed that complainant was free and at liberty to leave the premises. The court held that authority of a police officer prevails in the police station and if he acts in a rude and tyrant manner, he just committed the offence under sec. 340 of IPC.

The punishments pertaining to wrongful restraint and confinement are prescribed in Sections 341 and 342 of the Indian Penal Code, 1860. Both the offences are bailable and non-cognizable offences.[7]

Offences of Criminal Force

In most states, an assault is committed when one person, at first tries to or does physically strike another, or secondly, acts in a threatening manner to put another in fear of immediate harm. Many states have a separate category for “aggravated” assault/battery when severe injury or the use of a deadly weapon are involved. Assaults and batteries can also be pursued via civil lawsuits which mainly focuses upon the compensation for the damage or injury suffered rather than imprisonment.[8]

Section 351 of Indian Penal Code, 1860 defines Assault as “Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit as assault”. The act of assault in every sense requires an overt act that may put any person with due diligence in fear for his safety. Mere words or verbal conversation shall not amount to assault unless aided with such acts or expression that would create fear in the mind of another person.

In Stephens v. Myers[9], both plaintiff and defendant were sitting in a meeting at the same table and a discussion was going on, however, after some time it took a serious turn and the defendant held the chairman’s (plaintiff) hand and clamped his fist saying he will pull the chairman and throw him out. The matter was heard before the court, and the court held the defendant guilty of committing assault.

Sexual Offences

In this part, the major offence is rape which, in simple terms, may be defined as ‘non-consensual intercourse with a person either by threatening or force or manipulation’. One of such crimes is the crime of rape. The crime of rape is considered a serious offence against the human body, especially against females. The victims of rape suffer through a lot of psychological torture or illness and may result in suicidal tendencies. Rape has been defined under section 375 of Indian Penal Code, 1860.

In State of Maharashtra v. Madhukar Narain[10], Hon’ble Mr Justice Krishna Iyer said that “A murderer kills the body but a rapist kills the soul.”

Conclusion

Crime is like an inevitable disease which cannot be eradicated fully from the world, but a cessation on its intensity and frequencies can be put by adopting the Jurisprudence of Deterrence, meaning the punishments for crimes must be of such nature to raise fear in the minds of people that would stop them from committing it. As only then human behaviour can be controlled, restricted and manoeuvred in good faith to achieve the common end of peace because it is quite a fact that people in today’s’ era can take actions to the extent which causes the cost of human life, a precious gift of God.

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References:

[1] 1919 ILR 547 (Mad)

[2] AIR 1940 All. 486

[3] (1997) 3 Crimes 200 (Pat).

[4] AIR 1958 (Pat). 452

[5] (1954 Cr. LJ 283 Mad)

[6] (1992 Cr. LJ 1872 Mad)

[7] Universal’s Cr. Manual (Universal Law Publishing Co., Delhi, 2008)

[8] Assault and Battery Overview, FindLaw., (available at; https://criminal.findlaw.com/criminal-charges/assault-and-battery-overview.html)

[9] (1830) 4C:172 E.R. 735

[10] AIR 1991 SC 207