(..12..)
OFFENCES AFFECTING THE HUMAN BODY
(Chapter V Ss. 63 to 99)
(Chapter VI Ss. 100 to 146)
Question Bank
Q 1. Explain in detail causing death of human being.
Synopsis
I] INTRODUCTION
II] OFFENCES
A) Offences against human life (Unlawful homicide)
1) What is Homicide?
2) Kinds of Homicide
a) Lawful Homicide
b) 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 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-
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-
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 https://bprd.nic.in/uploads/pdf/1715852525_852f82459fd399a38f9f.pdf
2. Comparison of Bharatiya Nyaya Sanhita, (BNS) 2023 and Indian Penal Code, (IPC) 1860 https://bnblegal.com/article/comparison-of-bharatiya-nyaya-sanhita-bns-2023-and-indian-penal-code-ipc-1860/
3. Kerla Law Times ::KERALA LAW TIMES:: Legal News Details
4. The Bharatiya Nyaya Sanhita, 20023 https://prsindia.org/billtrack/the-bharatiya-nyaya-sanhita-2023