OFFFENCES AGAINST HUMAN BODY UNDER INDIAN LAWS

1.INTRODUCTION:

The offences against the human body in general it emphasize a wide range of the criminal offences which typically affects the body which also included body harm, hurt and other action which affects the persons will. The offences against the human body are defined under Indian penal code. The section 299- 377 lays out the various offences that are related to the human body. The brief explanations of these offences will be discussed in this article.

2. OFFENCES AGAINST HUMAN BODY:

2.1 Culpable homicide:

The Latin terms homo and cido are combined to form the word "homicide." Cido means to kill human beings, and homo means to be a human. The definition of homicide is when someone is killed by another person. It may be legal or illegal to commit homicide. When someone kills someone else and is not held accountable for that person's demise, it is referred to as a legal murder. For instance, by using one's right to private defence (Section 96) or in other situations covered by Sections 76 to 106 of Chapter IV of the Indian Penal Code's General Exceptions. According to Section 299 of the Indian Penal Code. "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 to cause death by such act, commits the offence of culpable homicide,"

By analysing Section 299, the following fundamental traits of responsible homicide are identified:

If the defendant needs to have taken action,One or more of the following intents or knowledges have to have been present for the act to occur:

The desire to murder someone.

The deliberate infliction of physical harm that is likely to be fatal.

The awareness that death is most likely to follow.

The accused's conduct have to be the cause of the victim's death.[1]

3. Murder:

3.1 Culpable homicide amounting to murder

Murder that constitutes culpable homicide is covered under Section 300. Stated otherwise, the Section provides that culpable homicide may, under certain conditions, be considered murder. Therefore, for an act to be classified as murder, it must first satisfy all requirements for culpable homicide. According to Section 300, responsible homicide does not qualify as murder unless one of the following situations exists:

when a crime is done with the intention of killing someone. Murder requires a very specific kind of aim. The desire to murder the victim must be there; it is not enough to just injure or seriously damage them without intending to kill them.

Bodily injury which happens in the sequence of events, leads in death. These incidents entail physical harm that happens under ordinary circumstances, would be fatal to the victim.

If a dangerous act were committed without a good purpose, it may result in death or severe physical harm that could cause death. This group comprises actions that are so risky that, should they be carried out, they would either cause a person's death or serious injury that will cause a person's death, and they are carried out without any legal basis. [2]

3.2 Culpable homicide does not amount to murder:

There also some circumstance under which it does not amount to culpable homicide does not amount to murder they are,

If culpable homicide did not satisfy the further requirements of the relevant Section 300 clause, it would not be regarded as murder.

A responsible homicide is not regarded as murder if it falls within one of the five exceptions to Section 300. This section 300 also has some exceptions to section 300. Severe and unexpected provocation. Exceeding while using one's right to self-defense. Beyond the legal authority granted to him as a public official. Causing death in a spontaneous, unplanned combat. Permission of the dead, who was older than 18.

There are also certain exceptions exist in these cases they are

i. Grave and sudden provocation :

If the offender kills the person who provoked them or anybody else by accident or error after losing self-control due to severe and unexpected provocation, that becomes culpable homicide rather than murder. It just lessens the possibility of facing criminal charges. Absolute protection from criminal liability does not exist.

ii. Exceeding the limits prescribed by law in the exercise of the right of private defence in good faith

If an offender exceeds the legal authority assigned to him and kills the person against whom he exercises a right of private defence of person or property in good faith, the offence will not be considered murder. If it is also proven that the offender caused the death in issue without intent to do more injury than necessary, they may also benefit from the exemption.

iii. Exceeding the authority granted to him by law
If an offender exceeds the legal authority assigned to him and kills the person against whom he exercises a right of private defence of person or property in good faith, the offence will be not considered as murder.
The exemption can only be utilised if the action was taken in good faith, with the conviction that it was both lawful and necessary for the correct performance of his obligations. Additionally, it must be shown that the offender had no animosity towards the deceased.

iv. Death brought about by an unexpected conflict
If culpable homicide is committed during a furious argument in the heat of emotion and without the perpetrator taking advantage of the circumstances or acting cruelly or strangely, it will not be considered murder.
In this particular situation, it doesn't matter who initiates or leads the assault.

v. consent of the dead, who was older than 18
If the victim of culpable homicide is older than eighteen and accepts the danger of death, it will not be considered murder.

The exemption can only be utilised if the action was taken in good faith, with the conviction that it was both lawful and necessary for the correct performance of his obligations. Additionally, it must be shown that the offender had no animosity towards the deceased. [3]

4.Dowry death

is the term used to describe the death of a woman within seven years of marriage due to burns, physical harm, or unusual circumstances; just before she passed away, her husband or family members had cruelly treated her in connection with dowry demands.
The Indian Penal Code, Section 304B, classifies it as culpable homicide. The IPC's Section 304B was added to address the problem of dowry deaths in India.
In these situations, the maximum sentence is seven years along with a fine. The death of a dower can increase culpable homicide to murder and warrant a severe penalty. [4]

5.HURT

The Indian Penal Code defines "hurt" as any act that results in physical discomfort, illness, or disability for a person (Section 319 to Section 338). Hurt offences can in several forms, such as intentionally inflicting harm, serious harm, harm caused by hazardous weapons, etc.
There are exceptions for this, such as consent, self-defense, official correction, etc. Hurt can result in a sentence of simple imprisonment for up to six months or a fine of up to 1,000 rupees, or it can result in life imprisonment, a fine, or both. [5]

6.Grievous hurt

An injury will be considered as grievous only if it endangers life. Unless the nature, extent, or effect of the damage is such that the doctor believes it genuinely puts the victim's life in jeopardy, a minor injury cannot be considered serious just because it occurs on a crucial area of the body near the carotid artery. The following are called as the Grievous Hurt

First - Emasculation.

Secondly - Permanent privation of the sight of either eye.

Thirdly - Permanent privation of the hearing of either ear

Fourthly - Privation of any member or joint

Fifthly - Destruction or permanent impairing of the powers of any member or joint.

Sixthly - Permanent disfiguration of the head or face.

Seventhly- Fracture or dislocation of a bone or tooth.

Eighthly - Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits

Any grievous hurt occurs will be punishable under section 320 of IPC. Supra 5

7. Cause of death by negligence:

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. But under some circumstances this section will not be applicable they are as follows,

Death which is caused by any intention or knowledge (voluntary commission of an offence); therefore, the act must not amount to culpable homicide; alternatively,

death which result from an unexpected intervening act or intervention; that is, death cannot be directly or proximally caused by a reckless or rash act; instead,

death which occur as a result of an accident (e.g., where an accused killed a man on a dark night, believing him to be a ghost) [6]

8. Wrongful confinement and restraint

According to Section 340 of the IPC, a person is considered to be in unlawful confinement if they are detained without a valid reason and are prevented from going in any direction in which they are entitled to go. According to Section 341 definition, unlawful restraint is preventing someone from going beyond specific circumscribed boundaries without a valid reason.
Wrongful incarceration has a maximum sentence of one year in simple jail, a maximum fine of one thousand rupees, or both. In addition, improper restraint carries a penalty of 500 rupees in fines or simple imprisonment for a maximum of one month. Supra[6]

9. Harassment

Persistently upsetting someone to the point where it worries, irritates, or disturbs them is referred to as harassment. Following, getting in touch with, or spying on victims are examples of harassment.
Harassment is prohibited by Section 504 and may result in a fine, a maximum three-month jail sentence, or both. Supra [3]

10. Criminal force

According to Section 350 of the IPC, using assault or criminal force against someone with the purpose to commit an offence or in an attempt to unlawfully imprison them is described as criminal force.
Simple imprisonment for a maximum of three months, a fine of up to 500 rupees, or both might be the punishment. supra [1]

11. Kidnapping and abduction

Sections 359 and 362 define kidnapping and abduction, respectively. The main distinction is that abduction refers to taking a person from their legal guardian against their will or without that guardian's approval, whereas kidnapping entails dragging a person away by force or trickery, against their will
Kidnapping and abduction carry sentences that vary from seven years in jail and a fine to life in prison and a fine. Supra [4]

12.Sexual offences:

The Indian Penal Code defines a number of sexual offences against women, from assault to rape. These consist of stalking, sexual assault, and harassment. Rape is the most serious sexual offence as defined by Section 375, and it carries a sentence of life in prison or at least seven years.
The Indian Penal Code defines a wide range of crimes against the human body, from sexual offences to culpable homicide and murder. The seriousness and intensity of the crime determine the penalties for such offences.[6]

13.Conclusion:

In conclusion, offences against the human body, as defined under the law of crimes, encompass a wide range of actions that violate the physical integrity and well-being of individuals. The legal framework surrounding such offences serves to protect individuals from harm, ensuring accountability for those who engage in acts of violence or harm against others. Through the establishment of clear statutes and penalties, the legal system aims to deter such actions and uphold the principles of justice and human rights. It is imperative for society to continue fostering a legal environment that safeguards the sanctity of the human body and promotes a culture of respect for individual physical autonomy.

REFERENCES:

[1]Offences against human body: Legal insights and more for UPSC! (no date) Testbook. Available at: https://testbook.com/ias-preparation/offences-against-human-body#:~:text=Punishment%20for%20offenses%20against%20the,or%20life%20imprisonment%20in%20India. (last visited on 07 February 2024).

[2] Mahawar, S. (2022) Offences against the human body, iPleaders. Available at: https://blog.ipleaders.in/offences-against-human-body/#When_culpable_homicide_doesn%E2%80%99t_amount_to_murder (last visited on 07 February 2024).

[3] IPC : Offences affecting the human body (no date) A Lawyers Reference. Available at: https://devgan.in/ipc/chapter_16.php (last visited on 07 February 2024).

[4] (No date) Offences against the human body I A. culpable homicide ... Available at: http://www.fimt-ggsipu.org/study/ballb206.pdf (last visited on 08 February 2024).

[5] Aishwaryasandeep (2023c) Offences against the human body - aishwarya sandeep- parenting and law, Aishwarya Sandeep- Parenting and Law - Simplifying Law for Common Man and Students. Available at: https://aishwaryasandeep.in/offences-against-the-human-body/ (last visited on 07 February 2024).

[6] Islam, M.A. (no date) Offences against human body under indian laws, Legal Service India - Law, Lawyers and Legal Resources. Available at: https://www.legalserviceindia.com/legal/article-2297-offences-against-human-body-under-indian-laws.html (last visited on 07 February 2024).