“Law Master’s Publication”
“Human Body”
Prof. Santosh D. Bhosale
118
(..12..)
OFFENCES AFFECTING THE HUMAN BODY
(Chapter V Ss. 63 to 99)
(Chapter VI Ss. 100 to 146)
Question Bank
Explain in detail causing death of human being.
Synopsis
Q 1.
I]
INTRODUCTION
OFFENCES
II]
A)
Offences against human life (Unlawful homicide)
1)
2)
What is Homicide?
Kinds of Homicide
a)
b)
Lawful Homicide
Unlawful Homicide
B)
Offences against the human body
I] INTRODUCTION
The Bharatiya Nyaya Sanhita (BNS), 2023, is a comprehensive piece of legislation
that has replaced the Indian Penal Code (IPC), 1860, as the primary substantive criminal
law in India. It consolidates and amends the provisions relating to criminal offences,
including those against the human body. The BNS, 2023, maintains the fundamental
principles of criminal liability but has re-organized, re-numbered, and in some cases,
modified the existing provisions. The offences affecting the human body are dealt with in
“Law Master’s Publication”
“Human Body”
Prof. Santosh D. Bhosale
119
a dedicated chapter, outlining various acts from homicide to simple hurt, and the
corresponding punishments.
The Bharatiya Nyaya Sanhita (BNS) largely retains the core offenses affecting the
human body found in the Indian Penal Code (IPC), such as culpable homicide, murder,
various forms of hurt (simple and grievous), wrongful restraint, and wrongful confinement.
However, the BNS introduces significant changes and additions to reflect modern societal
concerns and align with judicial pronouncements. A key difference is the introduction of
specific provisions for "mob lynching" under the BNS (Section 103), criminalizing murder
or grievous hurt committed by a group of five or more persons on grounds like race, caste,
community, sex, language, or personal belief, which was not explicitly defined in the IPC.
The offieces affecting human body were delt from section 299 to 377 falling under Chapter
XVI of I.P.C, whereas, they are delt in sections 63 to S. 99under Chapter V and Ss. 100 to
146 of Chapter VI of BNS.
II] OFFENCES-
A) Offences against human life (Unlawful homicide)
1) What is Homicide?
Homicide literally means the "killing of a human being by a human being." In legal
terms, it refers to the act of one person causing the death of another. Homicide is a neutral
term and does not, in itself, imply a crime. The legality of the act depends on the
circumstances and the intent behind it.
2) Kinds of Homicide
The BNS, 2023, classifies homicide into two broad categories: lawful and unlawful.
a) Lawful Homicide-
This refers to a killing that is not an offence under the law. It is an act that, while causing
death, is justified or excused. Lawful homicides are not punishable. Examples of lawful
homicide as per the BNS include:
i. Acts done in self-defence: A person causing the death of another to protect
themselves or their property from a grave and imminent threat, as provided under
the right of private defence.
ii. Acts done by a public servant: A public servant causing death while acting in the
discharge of their lawful duties, provided they do so in good faith and without
malice.
iii. Accidental acts: A person causing death by accident or misfortune, without any
criminal intention or knowledge, while legally performing a lawful act.
b) Unlawful Homicide-
“Law Master’s Publication”
“Human Body”
Prof. Santosh D. Bhosale
120
Unlawful homicide is a killing that is considered a criminal offence. The BNS, 2023,
deals with unlawful homicide primarily under two main categories: Culpable Homicide
and Murder.
i. Culpable Homicide (Section 100, BNS):
ii. Murder (Section 101, BNS):
iii. Causing death by negligence (S. 106).
iv. Abetment of suicide (S. 107)
iv. Dowry Death (S. 80)
B) Offences against the human body-
The BNS, 2023, also covers a wide range of other offences against the human body
beyond homicide. These include acts that cause harm, restrain a person's liberty, or involve
assault.
1. Hurt (Section 109, BNS):
This is defined as causing bodily pain, disease, or infirmity to any person. It is
the most basic offence under this category.
2. Grievous Hurt (Section 110, BNS):
This refers to more severe forms of bodily harm. The BNS, 2023, lists several
specific types of injuries that constitute grievous hurt, such as emasculation,
permanent privation of the sight of either eye or the hearing of either ear,
privation of any member or joint, destruction or permanent impairing of the
powers of any member or joint, fracture or dislocation of a bone or tooth, and any
hurt that endangers life or causes severe bodily pain for twenty days.
3. Wrongful Restraint (Section 130, BNS):
This offence involves voluntarily obstructing any person so as to prevent that
person from proceeding in any direction in which that person has a right to
proceed.
4. Wrongful Confinement (Section 131, BNS):
This is a more serious form of restraint, where a person is wrongfully restrained
in such a manner as to prevent them from moving beyond certain circumscribing
limits.
5. Criminal Force and Assault (Sections 112 & 113, BNS):
6. Kidnapping, Abduction, slavery and forced labour (Chapter. VI).
7. Offences against women, sexual offences, Rape, sexual intercourse etc. (Chapter
V)
8. Offences against children (S. 97, 98, etc)
III. Conclusion-
“Law Master’s Publication”
“Human Body”
Prof. Santosh D. Bhosale
121
The Bharatiya Nyaya Sanhita (BNS), 2023, consolidates and modernizes the legal
framework concerning offences against the human body, encompassing a broad spectrum
from severe crimes like culpable homicide and murder to various forms of hurt, criminal
force, wrongful restraint, and kidnapping. Significantly, the BNS introduces enhanced and
specific provisions for offences against women and children, including stricter penalties
for sexual assault, dowry death, and cruelty, while also addressing new challenges like
organized crime and terrorism, thereby reflecting a comprehensive and contemporary
approach to safeguarding personal safety and human life.
***
References-
1. “Bharatiya Nyaya Sanhita (BNS) (Handbook) Delhi Police Team Delhi Police Academy
2. Comparison of Bharatiya Nyaya Sanhita, (BNS) 2023 and Indian Penal Code,
3. Kerla Law Times ::KERALA LAW TIMES:: Legal News Details