“Law Master’s Publication”
“Human Body”
Prof. Santosh D. Bhosale 92
(..12..)
OFFENCES AFFECTING THE HUMAN BODY
(Chapter XVI, Ss. 299 to 377)
Q 1.
Explain in detail causing death of human being.
SYNOPSIS
INTRODUCTION
I]
II]
OFFENCES
A)
Offences against human life (Unlawful homicide) Ss 299 to 318
1)
2)
What is Homicide?
Kinds of Homicide
a)
b)
Lawful Homicide
Unlawful Homicide
B)
Offences against the human body (Ss. 319 to 377)
I]
INTRODUCTION
Having so far dealt with offences against ‘the state’ and ‘public’ generally, the
Code now proceeds to deal with offences against the individual's person, property, status,
and reputation. This chronology of laying topics by the framers of this Code shows their
preferences first to state interest and the public generally, then to person, property, etc.
This Chapter XVI from Ss. 299 to 377 deals with a number of offences relating to
the human body. These offences can be divided into the following two parts.
“Law Master’s Publication”
“Human Body”
Prof. Santosh D. Bhosale 93
II]
A)
1)
OFFENCES
Offences against human life (Unlawful homicide) (Ss 299 to 318):-
What is Homicide?
The killing of a human being by a human being is called ‘Homicide’. This Code
defines ‘life and death’ in Ss. 45 and 46 as “the life and death of a human being”.
Therefore, causing the death of an animal is not murder, although it amounts to the offence
of cruelty to animals under the Cruelty of Animals Act and mischief.
2)
Kinds of Homicide:-
Homicide is of two kinds, i.e., either lawful homicide or unlawful homicide.
Lawful Homicide:-
a)
Lawful homicide is the killing of a human being by a human being but is not
punishable by law. Law either excuses or justifies such killing. In other words, homicide
is not punishable when it comes under any of the exceptions provided in chapter V (i.e.,
General Exceptions from Ss. 76 to 106) of this Code. Thus, if the death is caused by
accident or in the exercise of the right of private defence or by the insane person, it is
lawful homicide, not punishable by law.
b)
Unlawful Homicide:-
‘Unlawful homicide’ is “the killing of a human being by a human being, made
punishable by the law”. The Code provides for the following kinds of unlawful homicides
from Ss. 299 to 318. These offences falling under this head are very serious, which are
offences against human life, i.e., causing the death of other persons.
1)
2)
3)
4)
5)
6)
7)
Culpable Homicide (Ss. 299, 301, 304).
Murder. (Ss 300 to 303).
Causing death by negligence (S. 304 A).
Abetment of suicide (Ss. 305, 306).
Attempt to commit the above three offences (Ss. 307 to 309)
Being a thug (310 to 311).
Causing miscarriage, Exposure of children , etc. (Ss. 312 to 318)
B)
Offences against the Human Body (Ss. 319 to 377): -
The offences falling under this head are comparatively less serious than the former.
Whereas the former offences affect the life of a human being, i.e., cause death, the offences
under this chapter affect the human body, though they do not cause death.
These offences are:-
1)
2)
3)
Hurt (Simple and Grievous) (Ss. 319 to 338).
Wrongful restraint and wrongful confinement (S. 339 to 348).
Criminal force and assault (Ss. 349 to 358).
“Law Master’s Publication”
“Human Body”
Prof. Santosh D. Bhosale 94
4)
5)
6)
Kidnapping, Abduction, Slavery, and Forced labour (Ss 359 to 374)
Rape (Ss. 375 to 376).
Unnatural offences (S.377).
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