UGC NET LAW (058) · UNIT 04 · MODULE 2: OFFENCES AGAINST THE PERSON AND THE STATE · TOPIC 4

Offences Against the Human Body (BNS ss.100-146)

Culpable homicide versus murder, death by negligence and hit and run, grievous hurt, restraint, kidnapping versus abduction and trafficking.

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  • 7-point Memory Capsule
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  • Topic 4 of 11

What this topic covers

6 sub-topics, in the order to study them. Tap one to jump to it.

  1. §OverviewThis is the most question-dense part of the unit.
  2. 4.1Culpable homicide and murderCovers intention of causing death, (a / Firstly), (b / Secondly), (c / Thirdly), (d / Fourthly) and more.
    • intention of causing death
    • Explanations
    • murder
    • (a / Firstly)
    • (b / Secondly)
  3. 4.2Death by negligence, hit and run, suicide, dowry deathCovers Causing death by negligence, Hit and run, Abetment of suicide, Dowry death.
    • Causing death by negligence
    • rash or negligent act
    • five years
    • two years
    • Cases
  4. 4.3Hurt and grievous hurt (ss.114-125; IPC ss.319-338)Covers Hurt, Grievous hurt, Voluntarily causing hurt, Hurt by dangerous weapons or means, Acid attack.
    • Hurt
    • Grievous hurt
    • emasculation
    • endangers life
    • twenty days
  5. 4.4Wrongful restraint and confinement (ss.126-127; IPC 339-348)Covers Wrongful restraint, Wrongful confinement, Distinction, Criminal force.
    • Wrongful restraint
    • obstructs
    • one month
    • Wrongful confinement
    • in secret
  6. 4.5Kidnapping and abduction (ss.137-140; IPC 359-366)Covers Kidnapping, Abduction, Differences, Cases, Specific offences.
    • Kidnapping
    • kidnapping from India
    • minor
    • unsound mind
    • Abduction
  7. 4.6Trafficking of persons (s.143; IPC s.370, 370A)Covers exploitation, Punishment.
    • exploitation
    • Punishment
    • ten years to life
    • minor
    • fourteen years to life
  8. ★Memory CapsuleThe names, dates and one-line facts from this topic, for daily recall.

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§Overview#

This is the most question-dense part of the unit. Chapter VI deals with offences affecting life (culpable homicide, murder, negligence, suicide), hurt, wrongful restraint and confinement, criminal force and assault, kidnapping and abduction, and trafficking. (Sexual offences, dowry and offences against children sit in Chapter V; see topic 7.)

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4.1Culpable homicide and murder#

In brief

Covers intention of causing death, (a / Firstly), (b / Secondly), (c / Thirdly), (d / Fourthly) and more.

  • intention of causing death
  • Explanations
  • murder
  • (a / Firstly)
  • (b / Secondly)
  • (c / Thirdly)
  • bodily injury to any person
  • (d / Fourthly)

A. Culpable homicide (s.100; IPC s.299)

Whoever causes death by doing an act

  1. with the intention of causing death, or

  2. with the intention of causing such bodily injury as is likely to cause death, or

  3. with the knowledge that he is likely by such act to cause death,

commits culpable homicide. Explanations: causing bodily injury to a person suffering from a disease or infirmity that accelerates death counts; causing death by bodily injury where proper remedies and skilful treatment might have prevented death counts; causing the death of a child in the mother's womb is not homicide, but causing death of a living child, even if only part of it has been brought forth, may amount to culpable homicide.

B. Murder (s.101; IPC s.300)

Culpable homicide is murder if the act is done:

  • (a / Firstly) with the intention of causing death;

  • (b / Secondly) with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused;

  • (c / Thirdly) with the intention of causing bodily injury to any person, and the bodily injury intended is sufficient in the ordinary course of nature to cause death;

  • (d / Fourthly) with the 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 it without any excuse for incurring the risk.

C. Exceptions (culpable homicide not amounting to murder) in s.101 (IPC s.300)

  1. Grave and sudden provocation: the offender, deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or of any other person by mistake or accident. Provisos: the provocation must not be sought or voluntarily provoked as an excuse; not given by anything done in obedience to law or by a public servant in lawful exercise of powers; not given by the lawful exercise of the right of private defence. Test: whether a reasonable man, placed in the same position, would have been so provoked (objective test). Case: K.M. Nanavati v. State of Maharashtra (1962): the accused shot his wife's lover after her confession; the Supreme Court held there was a time gap (cooling time), so the provocation was not sudden; the case ended the jury system in India (jury trial was abolished in Bombay after this case).

  2. Exceeding the right of private defence in good faith, without premeditation and without intention of doing more harm than necessary.

  3. Public servant (or person aiding) exceeding the powers given by law, in good faith, for advancement of public justice, in the belief the act is lawful and necessary.

  4. Sudden fight in the heat of passion upon a sudden quarrel, without premeditation, and without the offender having taken undue advantage or acted in a cruel or unusual manner. Cases: Surinder Kumar v. Union Territory, Chandigarh (1989); Sandhya Jadhav v. State of Maharashtra (2006).

  5. Consent: the person whose death is caused, being above 18, suffers death or takes the risk of death with his own consent (e.g., euthanasia-type cases, suicide pact survivors).

D. Distinction (very important)

Point Culpable homicide (s.100) Murder (s.101)
Relationship Genus Species
Intention Intention of causing death or likely to cause death Intention of death, or injury known to be likely to cause death, or injury sufficient in the ordinary course of nature to cause death
Degree of probability "Likely" to cause death (lower) "Must in all probability" or "sufficient in ordinary course of nature" (higher)
Punishment s.105: Part I: imprisonment for life, or imprisonment of not less than five years up to ten years, plus fine (where the act is done with intention); Part II: up to ten years, or fine, or both (where done with knowledge only) s.103(1): death or imprisonment for life and fine
  • Case law: Reg v. Govinda (1876) (the accused knocked down his wife and, kneeling on her chest, struck her; since he did not intend to cause the bodily injury that resulted in death, it was culpable homicide not amounting to murder); Virsa Singh v. State of Punjab (1958) (the four-step test for clause (c) / thirdly: (i) bodily injury is present; (ii) its nature is proved; (iii) there was an intention to inflict that particular injury, i.e., not accidental; (iv) it is sufficient in the ordinary course of nature to cause death, an objective inquiry); State of A.P. v. R. Punnayya (1976) (clearly distinguishes culpable homicide from murder and lays down an approach of three stages); Anda v. State of Rajasthan (1966); Rajwant Singh v. State of Kerala (1966) (clause (d)); Kesar Singh v. State of Haryana (2008); Pulicherla Nagaraju v. State of A.P. (2006) (factors for deciding intention: nature of weapon, part of the body, manner of attack, circumstances).

  • Transferred malice: s.102 (IPC s.301): if the offender causes the death of a person other than the one he intended, the liability is as if he had caused the death of the intended person.

  • Murder by life convict: s.104 (IPC s.303): death or imprisonment for life (the old IPC s.303 mandatory death was struck down in Mithu v. State of Punjab, 1983).

  • Mob lynching (s.103(2), new): when a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member shall be punished with death or imprisonment for life and fine. This follows Tehseen S. Poonawalla v. Union of India (2018) (guidelines to prevent mob lynching).

  • Attempt to murder s.109 (IPC 307); attempt to commit culpable homicide s.110 (IPC 308): see topic 2.

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4.2Death by negligence, hit and run, suicide, dowry death#

In brief

Covers Causing death by negligence, Hit and run, Abetment of suicide, Dowry death.

  • Causing death by negligence
  • rash or negligent act
  • five years
  • two years
  • Cases
  • proximate
  • Hit and run
  • new
  • Causing death by negligence: s.106(1) (IPC s.304A): death by rash or negligent act not amounting to culpable homicide: imprisonment up to five years and fine (IPC: two years); registered medical practitioners in the course of medical procedure: up to two years and fine. Cases: Jacob Mathew v. State of Punjab (2005) (only gross negligence is criminal; medical negligence); Dr. Suresh Gupta (2004); Kurban Hussein Mohammedali Rangwalla v. State of Maharashtra (1965) (rash and negligent act must be the proximate and direct cause of death); Syad Akbar v. State of Karnataka (1980) (res ipsa loquitur).

  • Hit and run: s.106(2) (new): a driver who causes death by rash and negligent driving not amounting to culpable homicide, and escapes without reporting to a police officer or magistrate, shall be punished with up to ten years and fine. (Its coming into effect was deferred after transporters' protests in January 2024; verify the present status before the exam.)

  • Abetment of suicide: s.108 (IPC s.306): up to ten years and fine; child or person of unsound mind s.107 (IPC s.305). Attempt to commit suicide (IPC s.309) is not an offence in the BNS except s.226 (to compel a public servant).

  • Dowry death (s.80; IPC s.304B): death of a woman within seven years of marriage, caused by burns or bodily injury or occurring otherwise than under normal circumstances, where soon before her death she was subjected to cruelty or harassment by her husband or his relative for, or in connection with, any demand for dowry: such death is deemed a dowry death and the husband or relative deemed to have caused her death. Punishment: imprisonment of not less than seven years that may extend to life. Presumption: BSA s.118 (Evidence Act s.113B). Cases: Kans Raj v. State of Punjab (2000) (soon before means a proximate and live link, not a remote event); Hira Lal v. State (Govt. of NCT of Delhi) (2003); Satbir Singh v. State of Haryana (2021) (in cases of 304B, the court must presume; the words "soon before" are flexible); Baijnath v. State of M.P. (2016).

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4.3Hurt and grievous hurt (ss.114-125; IPC ss.319-338)#

In brief

Covers Hurt, Grievous hurt, Voluntarily causing hurt, Hurt by dangerous weapons or means, Acid attack.

  • Hurt
  • Grievous hurt
  • emasculation
  • endangers life
  • twenty days
  • Voluntarily causing hurt
  • new
  • hurt to extort confession
  • Hurt (s.114; IPC s.319): causing bodily pain, disease or infirmity to any person.

  • Grievous hurt (s.116; IPC s.320): the eight designations: (1) emasculation; (2) permanent privation of sight of either eye; (3) permanent privation of hearing of either ear; (4) privation of any member or joint; (5) destruction or permanent impairing of the powers of any member or joint; (6) permanent disfiguration of the head or face; (7) fracture or dislocation of a bone or tooth; (8) any hurt which endangers life, or causes the sufferer to be, during the space of twenty days, in severe bodily pain or unable to follow ordinary pursuits. Mnemonic: E-E-E-M-M-F-F-20 (Emasculation, Eye, Ear, Member/joint privation, Member/joint impairing, Face disfiguration, Fracture, 20 days).

  • Voluntarily causing hurt s.115(2) (IPC 323): up to one year or fine up to ₹10,000 (changed from the IPC's ₹1,000). Voluntarily causing grievous hurt s.117(2) (IPC 325): up to seven years and fine; causing grievous hurt resulting in a permanent disabled or persistent vegetative state s.117(3): rigorous imprisonment not less than ten years up to life (new).

  • Hurt by dangerous weapons or means s.118 (IPC 324, 326); hurt to extort property or to constrain to illegal act s.119 (IPC 327, 329); hurt to extort confession s.120 (IPC 330, 331); hurt to deter a public servant s.121 (IPC 332, 333); hurt on provocation s.122 (IPC 334, 335); by poison s.123 (IPC 328).

  • Acid attack: s.124(1) (IPC s.326A): causing permanent or partial damage or deformity by acid: imprisonment not less than ten years extending to life and fine (fine to be just and reasonable to meet medical expenses and paid to the victim); s.124(2) (IPC s.326B): throwing or attempting to throw acid: imprisonment five to seven years and fine. Cases: Laxmi v. Union of India (2014) (regulation of sale of acid and compensation); Parivartan Kendra v. Union of India (2015) (state compensation of ₹3 lakh).

  • Act endangering life or personal safety of others s.125 (IPC 336-338): rash or negligent acts; causing hurt or grievous hurt.

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4.4Wrongful restraint and confinement (ss.126-127; IPC 339-348)#

In brief

Covers Wrongful restraint, Wrongful confinement, Distinction, Criminal force.

  • Wrongful restraint
  • obstructs
  • one month
  • Wrongful confinement
  • in secret
  • to extort property
  • to compel a confession
  • Distinction
  • Wrongful restraint (s.126; IPC 339): voluntarily obstructs a person so as to prevent him from proceeding in any direction in which he has a right to proceed. Punishment up to one month or fine up to ₹5,000 (BNS) or both. Exception: private way over land where a bona fide claim of right exists.

  • Wrongful confinement (s.127; IPC 340): wrongfully restrains a person in such a manner as to prevent him from proceeding beyond certain circumscribing limits. Punishment rises with the period (three days or more: up to two years; ten days or more: higher), and for confinement in secret, to extort property, to compel a confession, etc. (ss.127(3)-(9)).

  • Distinction: restraint is obstruction in one direction; confinement is restraint in all directions (complete).

  • Criminal force s.130 (IPC 350): intentionally uses force on a person without consent to commit an offence or to cause (or knowing likely to cause) injury, fear or annoyance. Assault s.131 (IPC 351): making any gesture or preparation intending or knowing likely to cause any person present to apprehend that criminal force is about to be used; words alone do not amount to assault, but words may qualify the gesture. Assault or criminal force to deter a public servant s.132 (IPC 353); to woman with intent to outrage modesty s.74 (IPC 354); with intent to dishonour s.133 (IPC 355).

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4.5Kidnapping and abduction (ss.137-140; IPC 359-366)#

In brief

Covers Kidnapping, Abduction, Differences, Cases, Specific offences.

  • Kidnapping
  • kidnapping from India
  • minor
  • unsound mind
  • Abduction
  • force
  • deceitful means
  • not an offence by itself
  • Kidnapping (s.137; IPC 359) has two forms: (1) kidnapping from India: conveying a person beyond the limits of India without that person's (or legally authorised person's) consent; (2) kidnapping from lawful guardianship: taking or enticing a minor (male under 16, female under 18) or a person of unsound mind, out of the keeping of the lawful guardian, without the guardian's consent.

  • Abduction (s.138; IPC 362): compelling any person by force, or inducing by deceitful means, to go from any place. Abduction is not an offence by itself; it is punishable only when done with a particular object (to murder, to wrongfully confine, to compel marriage, to subject to grievous hurt or slavery, for illicit intercourse etc.).

  • Differences: kidnapping needs a minor or unsound person (or conveying out of India); abduction applies to any person. Kidnapping by taking or enticing vs abduction by force or deceit. In kidnapping the consent of the minor is immaterial; in abduction the consent of the abducted person (if free) is material. Kidnapping is not a continuing offence while abduction is a continuing offence (under older case law).

  • Cases: S. Varadarajan v. State of Madras (1965) (the girl voluntarily left her father's house and joined the accused; mere passive assistance is not taking; taking requires some active part by the accused); State of Haryana v. Raja Ram (1973) (enticement of minor = inducement through allurement); Thakorlal D. Vadgama v. State of Gujarat (1973).

  • Specific offences: kidnapping or maiming a minor for purposes of begging s.139 (IPC 363A); kidnapping or abducting in order to murder s.140(1) (IPC 364); kidnapping for ransom s.140(2) (IPC 364A): death or imprisonment for life and fine; kidnapping to subject a person to grievous hurt, slavery s.140(3)-(4); procuration of a minor girl (IPC 366A) and importation of girl from foreign country (IPC 366B) are now in the BNS provisions on women and children.

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4.6Trafficking of persons (s.143; IPC s.370, 370A)#

In brief

Covers exploitation, Punishment.

  • exploitation
  • Punishment
  • ten years to life
  • minor
  • fourteen years to life
  • repeat offender
  • public servant/police officer
  • Related law
  • Whoever recruits, transports, harbours, transfers or receives a person by using threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement (including payment) for the purpose of exploitation commits trafficking. Exploitation includes prostitution, other forms of sexual exploitation, slavery, servitude, forced removal of organs. Consent of the victim is immaterial.

  • Punishment rises with the gravity: rigorous imprisonment of seven to ten years and fine for the basic offence; ten years to life for trafficking of more than one person or of a minor (more than one minor: fourteen years to life); life imprisonment for a repeat offender or public servant/police officer involved. Related law: Immoral Traffic (Prevention) Act, 1956; Vishal Jeet v. Union of India (1990).

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★Memory Capsule: Offences Against the Human Body (BNS ss.100-146)

Memorise

  • Murder = intention or probability "must"; culpable homicide = intention or "likely".
  • Exceptions to murder (5): provocation, private defence, public servant, sudden fight, consent.
  • Nanavati = provocation/cooling time; Virsa Singh = four tests; Mithu = mandatory death struck down; Jacob Mathew = gross negligence; Kans Raj = soon before.
  • New BNS: mob lynching (s.103(2)), hit and run (s.106(2)), permanent vegetative state (s.117(3)), organised crime (s.111, see topic 5).
  • Grievous hurt = 8 kinds (20 days rule).
  • Kidnapping age: male under 16, female under 18; kidnapping for ransom = death or life.
  • Restraint vs confinement: partial vs total obstruction.

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