INJURIES

Dr. HARISANKAR K.T.

Medicolegal Aspect of Wounds
“injury” means any harm whatever illegally
caused to any person, in body, mind, reputation
or property;

Section 44 of IPC
Section 2 (14) BNS
Homicide
Homicide is killing of a human being by
another human being.
 TYPES
1. Lawful –
(a) Justifiable
(b) Excusable
2. Unlawful –
a) Murder (S 300 I.P.C) - 101 BNS
b) Culpable Homicide –
i. amounting to murder (S 299 I.P.C)- 100 BNS
ii. not amounting to murder (S 304 I.P.C) 105 BNS
a) Rash or Negligent homicide
(S 304 A I.P.C) - 106 (1 & 2)
 Justifiable Homicide
• Justified in the circumstances which led to the
killing of a person.
• This may occur –
i. In the administration of justice, like execution of
sentence of death
ii. The maintainence of justice
e.g in suppressing of riots
 Excusable Homicide
• This is the homicide caused unintentionally by an act
done in good faith. This include –
i. Killing in self defense when attacked provided
there is no other means of defense.
ii. Causing death by an accident
iii. Death following a lawful operation
iv. Homicide committed by an insane person
 Culpable Homicide
• SECTION 299 IPC / 100 BNS

•It is causing death by doing any act –

i. With the intention of causing death

ii. With the knowledge that such act is likely to cause

death

iii. With the intention of causing such bodily injury as

is likely to cause death
 Murder
•Culpable homicide is murder - SECTION 300 IPC / 101 BNS

i. If the act by which the death is caused is done with the

intention of causing death.

ii. If it is done with the intention of causing such bodily injury

as the offender knows to be likely to cause death.

iii. If it is done with the intention of causing bodily injury which

is sufficient in the ordinary course of nature to cause death

iv. If the person committing the act knows that it is so

immediately dangerous that it must in all probability cause
death.
• S 302 I.P.C – Punishment for murder : Death, or
imprisonment for life, and fine - 103 (1 & 2) BNS

• S 303 I.P.C - Punishment for murder by life

convict (death) 104

• S 304 I.P.C – Punishment for culpable homicide

not amounting to murder : Imprisonment for life,
or up to 10 years and also fine. 105
•S 304 A I.P.C – Causing death by negligence : 106 (1 & 2)

Whoever causes the death of any person, by doing any

rash or negligent act not amounting to culpable homicide
shall be punished with imprisonment for a term which may
extend to two years or with fine or with both.
 Dowry death
• S 304 B IPC Dowry death. -
• Where the death of a woman is caused by any
burns or bodily injury or occurs otherwise than
under normal circumstances within seven
years of her marriage
• It is shown that soon before her death she was
subjected to cruelty or harassment by her
husband or any relative of her husband for, or
in connection with, any demand for dowry,
• It is a cognizable and non-bailable offence
and punished with imprisonment from 7
years to life imprisonment.

• “dowry” shall have the same meaning as in

section 2 of the Dowry Prohibition Act,
1961
• Definition of “dowry”.—In the Act,
“dowry” means any property or valuable security given or
agreed to be given either directly or indirectly—
a. by one party to a marriage to the other party to the
marriage; or
b. by the parents of either party to a marriage or by any
other person, to either party to the marriage or to any
other person;
at or before [or any time after the marriage] [in connection
with the marriage of the said parties,]
but does not include dower or mahr in the case of persons to
whom the Muslim Personal Law (Shariat) applies
• Sec. 498-A IPC: Whoever, being the husband or the
relative of the husband of a woman, subjects her to
cruelty, is punished with imprisonment for a term
which may extend to 3 years and also fine. The
offence is non- bailable and non-compoundable.
(85&86)

• 'Cruelty' is any conduct likely to drive the woman

to commit suicide or to cause injury or danger to
life, limb or health (mental or physical); or
harassment with a view to coercing her or any
person related to her to meet any unlawful demand
for any property or valuable security.
• To prevent the misuse of Sec. 498-A IPC,
Supreme Court directed the State Governments
to ensure that the police would have to give
reasons and proof to Magistrate before making
an arrest in dowry harassment cases.
• S 305 I.P.C – Abetment of suicide of a child or
insane person ( 10 years imprisonment) - 107 BNS

•S 306 I.P.C – Abetment of suicide : Suicide is the act

of taking one’s own life voluntarily. If any person
commits suicide, whoever abets the commission of
such suicide, shall be punished with imprisonment for
a term which may extend to ten years, and shall also
be liable to fine. 108 BNS
•S 307 I.P.C – Attempt to murder is punishable with 10
years imprisonment. 109 BNS

•S 308 I.P.C – Attempt to commit culpable homicide is

punishable with imprisonment up to 10 years

• S 309 I.P.C – Attempt to commit suicide

 Hurt

•S. 319 I.P.C : Hurt means bodily pain, disease or

infirmity caused to any person. It does not
include mental pain.

• S 312 to 328 of I.P.C deal with causing hurt

and their punishments.
1. Simple Hurt - Not defined in law

2. Grievous hurt - Eight clauses

Sec. 320 IPC / 116 BNS

Suffering threshold period for grievous hurt is

reduced from twenty days to fifteen days.
 The following kinds of hurt only are designated as
“grievous”
• 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.
 1. Emasculation
• Deprivation of a male of his masculine vigor by
cutting of penis, castration, or by causing injury to
testes or spinal cord at the level of L2-L4 vertebrae
resulting in erectile dysfunction (ED) .
• It covers both sterility and potency in a male.
• ED caused must be permanent

• Only male castration comes under this clause. Female

castration can however be a grievous hurt under
clause 4 or 8.
2. Permanent privation of sight of either eye

• Gravity lies in its permanency as it deprives the use

of organ of sight and also disfigures him.
• The nature and extent of permanent impairment are
typically measured in cases of loss of visual acuity
and impairment of visual field.

• It is not necessarily both eyes to be affected; only

one is sufficient.
 3. Permanent privation of hearing of
either ear
• Permanant Deafness
• Due to blow on the head or ears or that injure
tympanum, ear ossicles or auditory nerves

4. Privation of any member or joint

• Privation is an act, Privation or result of deprivation
or loss. It is a state of being deprived.
• 'Member' means any organ or limb of a subject
responsible for performance of distinct function.
Itincludes eyes, ears, nostrils, mouth, hands or feet .
• 'Joint' may be both small or big ones.
5. Destruction or permanent impairing
of the powers of any member or joint
• It includes cutting (severing) of any tendon,
anywhere along its route-at its origin, in
between or at its insertion. If it is not repaired,
its function is permanently lost. This may
cause deformity, loss of movement and
weakness .
• It is not necessary that destruction or loss of
power should be 100%, e.g., contracture
caused by burns involving joint.
 6. Permanent disfiguration of the head
or face:
• 'Disfiguration' means change of configuration
and personal appearance of the subject by
some external injury
• Chopping off an individual's ear or nose which
would cause disfigurement, without
consequential disability
• A large cut on the face or branding may leave a
permanent scar
• ptosis, entropion or squint.
 7. Fracture or dislocation of a bone or
tooth
• For the meaning of 'fracture' under this clause
it is not necessary that a bone should be cut
through and through or that the crack must
extend from the outer to the inner surface or
there should be displacement of any fragment
of the bone.
• Dislocation implies traumatic displacement of
the position of the members of the joint along
with injury of tissues.
 8. Any hurt which:
a. Endangers life .
b. Causes the victim to be in severe bodily pain for
20 days.
c. Unable the victim to follow his ordinary pursuits
for a period of 20 days. (15 days)
• Any hurt which endangers life' means that the life is
only endangered and not taken away, i.e., placing a
person in danger of death.
• Ordinary pursuits signify day-to-day personal acts
of an individual, like going to the toilet, having
food or taking bath or wearing clothes
 Punishments
• S. 323 IPC - Voluntarily causing simple hurt-
Up to 1 year-With/without fine (up to 1000) -
115(2) BNS
• S. 324 IPC- Voluntarily causing simple hurt by
dangerous weapons/means- Up to 3 years -
With/without fine 118(1) BNS
• S. 325 IPC-Voluntarily causing grievous hurt-
Up to 7 years With fine - 117(1) BNS
• S. 326 IPC- Voluntarily causing grievous hurt by
dangerous weapons/means- Up to 10 years With
fine - 118(2) BNS
• S. 326-A IPC- Voluntarily causing grievous hurt by
use of acids - 10 years to life imprisonment - Fine
paid to the victim.
• S. 326-B IPC- Voluntarily throwing or attempting
to throw acid - 5-7 years - Fine paid to the victim.-
124 (2) BNS
THANK YOU