NO T E: S AM P L E T E AC HI NG M AT E R I AL I S S UE D B Y F OR E N SI CI NDI A. C O M F O R TE ACH I NG P UR PO S E O NL Y. I LL E G AL CO P Y I NG AN D D I S TR IB UT IO N I S S T RI CTL Y R E S PR IC T E D. S P EL LI NG E RRO R I F AN Y I S D E E PL Y RE GR E T E D.
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IMPORTANT SECTIONS IN IPC, Cr PC, AND IEA Injuries Related
Section 44 of IPC: Definition of Injury Any harm whatev er il legall y cause d to a ny p erson in body, m ind, reputat ion or propert y. Section 319 IPC: Hurt Hurt m eans bod ily p ain, dise ase or inf irm ity c ause d to any person. Section 320 IPC Gri evous Injury Any of the f ollo win g injuries are grievous . 1. Em asculat ion ( Depr iving a m ale of m asculine v ig our) 2. Perm anent priv atio n of sight of either eye . 3. Perm anent priv atio n of the hearing of either ear. 4. Priv atio n of any m em ber or joint (m em ber m eans an orga n or a lim b being part of man capable of perf orm ing a dist inct f unction). 5. Destruction or perm anent im pairi ng of po wers of any m em ber or joint. 6. Perm anent disf ig urat ion of the hea d or f ace. 7. Fracture or dis locat ion of a bone or tooth. 8. Any h urt which endangers lif e, or which causes the v ict im to be in sever e bodil y pai n, or u nab le to f ol low his ord inary pur suits f or a period of 20 da ys. 321 IPC: Defines Voluntaril y Causing Hurt 322 IPC: Defines Voluntaril y Causing G rievous Hurt 323 IPC : Des cribes Punis hment fo r Voluntarily Causing Hurt. Sha ll b e im prisonm ent which may e xtend f or one year with or without f ine which m ay be Rs 1 000/-. 324 IPC : D escribes Punishment for Vol untaril y C ausi ng Hurt b y dangerus w eapon shall be im prisonm ent f or upto 3 years with or wit hou t f ine. 325 IPC : D escribes Punishment for Voluntaril y Ca using G rievous Hurt. Sha ll be im prisonm ent which m a y extend f or 7 yea r with or without f ine.
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326 IPC: Desc ribe s Punis hment for Volunta ril y Causing Grievous Hurt b y dangerous w eapon or means. Sha ll be im prisonm ent f or lif e or f or 10 years with or wit hout f ine. 327 IPC Pu nishm ent f or causing h urt to extort propert y sh al l be 10 years with or wit hout f ine. 328 IPC Pun ishm ent of causing hurt b y m eans of poison etc shall be im prisonm ent upto 10 years with or with out f ine. 351 IPC: Defines As sault: Threat/attempt to appl y force W hoever m ak es an y gesture, or pr epara tion intendin g or k no wing it t o to be l ik ely that suc h gestur e , or preparation will cause a ny person present to apprehen d that h e wh o m akes the gesture or pre parat ion is about t o use crim inal f orce to that person, is sa id to c om m it an assault. 353 IPC Punis hment f or c ausing assa ult shall b e im prisonm ent upto 2 years with or without f ine. 354 IPC: Punishment for c ausing a ssault to w omen w ith intend to out rage he r mo des ty shall be im prisonm ent upto 2 yea rs with or wit hout f ine. 498 A IPC: Pu nishment for husband or relative of husband of a wom en subject ing her to cruelt y, sh al l b e im prisonm ent f or upto 3 ye ars with or without f ine.
Forensic Psychiatry, Consent and Alcohol
82 IPC : Act of a child unde r 7 years of age N othing i s a n off ence wh ich is done b y a child und er 7 years of age 83 IPC: Ac t of child b/w 7-12 yrs Nothing is an off ence which is done by a chi ld abov e 7 years and under 12 years, who has not a ttained m aturit y of u nderstanding ti ju dg e the natur e and conse quences of his conduct on that occ asi on. 84 IPC: Mc N aughte ns Rule or legal te st Nothing is an of fence whic h d one by a p erson who at th e tim e of doing it, is by re ason of unsoun dedness of m ind, is incap able of k nowi ng the bature of the act, or that what is doin g is wrong or contrar y to l aw of the lan d.
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Section 85 IPC : Ac t unde r intoxi cation Nothing is an off ence whic h is do ne by a person, wh o at the t im e of doing it, is b y r eason of in toxicat ion, incapable of knowing the nature of the act or that he is d oi ng wh at is either wrong or contrary t o la w; provided the thin g which intox ic ated h im was adm inistered to him with out his knowledge or against his will.
Section 86 IPC In cases where an act done is not an offence u nl ess done wi th a parti cu lar k nowle dge or intent, a perso n who does t he act in a state of i ntoxication shall be lia ble to be dea lt with as if he had the som e knowledge as he wou ld h ave if he h ad not bee n intox ic ated, u nless the th in g which int oxicated him was adm inister ed to him with out his k no wledg e or against his will. Thus, dr unk enness caused by voluntar y use of alcoh ol or som e other intox ic ating dru g is no e xcuse f or the com m ission of a crim e but insa nity produc ed by drunk en ness, volu ntary or other wise, absolves one f rom crim inal respons ib ilit y if it c an sta nd t he usua l l ega l tests applie d in other f orm s of insanit y. 87 IPC: Consent above 18 years to suffer ha rm a pers on below 1 8 years of age cannot give a valid consent, whether ex press or im plied to suff er an y harm which m ay resu lt f rom an act not intended or not k nown to cause death or griev ous hurt. 88 IPC: Consent above 18 years A person ca n give valid consent to suff er any harm whic h m a y res ult from an act, not intende d or not k no wn to ca use death, done in good faith and f or its benef it 89 IPC: Consent bel ow 12 years a ch ild be low 12 years of age and a n i nsane perso n ca nnot give v alid conse nt to suf f er any harm which m ay r esu lt f rom an act done in good f aith and f or its benef it. 90 IPC: Consent un der fear A cons ent given by a person under f ear of inj ur y, or due to misunderstan ding of a f act is not valid
Section 53 (i) CrPC An accused may be examined bya medical practitioner at the request of a
police officer using reasonably necessary force. Section 53 (ii) CrPC W henever the person of a female accused is to be examined, the examination shall be m ade only by or under the supervision of a female registered m edical practitioner.
Section 54 C rPC An arre sted perso n m ay be exam ined at his re quest b y a m edical practition er to detect evidence in his f avo ur.
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Injury: Murder and Culpable Homicide
Section 299 IPC: De fines Culpable Homicide W hoever cau si ng de ath by doi ng an act with the intent ion of caus in g death, or with the intent io n of causing such bod ily injur y as os l ik ely to cause death , or with the k no wle dge that he is lik el y b y suc h act to cause death, c om m its the off ence of culpable h om icid e. Murd er: Section 300 IPC Culpabl e homicide is murde r: If the act by which the de ath is ca used is d one with the in tention of causing death or,
If it is done wit h the intent ion of causing such bodi ly inj ury as the off ender knows to be lik el y to c ause deat h or, If it is don e with th e intention of causing such bod ily injur y wh ich is suff icient inthe ordi nary course of nature to cause d eath or, If the person c omm itting the act k no ws that it i s so im m inentl y dang erous, that it m ust in all prob abilit y cause death or s uch bodily injur y as is likel y t o cause death and comm its such act wit hout any excuse. Culpable homicide is not murde r: a) If the off ender whi lst de priv ed of the power of self control b y grave an d sudde n provocation causes the de at h of the person who ga ve the provocat io n, or causes the deat h of other person by m istak e or accident. b) If in good f aith of the right of priv ate def ence of person Or prop ert y, the off ender exceed s th e po wer given to hi m by la w and cause s the death of the person against who m he is exercising s uch right of defence, without prem editation and witho ut an y intent ion of doing m ore harm than what is nec essar y f or the purpose of such def ence. c) If the off ender, being a public serv ant or aid ing a publ ic se rvant acting f or the
advan cem ent of public justic e, excee ds the powers g iven to him by la w an d causes death by doing an act wh ich h e, in good f aith bel iev es to be l awful and nece ssary f or the due dis charg e o f his dut y and without an y ill- wi ll towards th e perso n whose deat h is caus ed. d) If the act is com mitted without pr em editat io n in a sudden fight in the heat of passion or a sudde n quarre l, with outthe offender having tak en an y undu e advantage or acting in a cruel or u nusual m anner. (It is i mm aterial which party off ers the provocation or comm its the f irst assau lt.) e) W hen the person whos e deat h is c aused, being a bove the age of 18 years, suff ers death or tak es the risk of death with his o wn co nsent. 301 IPC: Culpable hom icide b y c ausing death of a person ot her than whose death is intend ed. Section 302 IPC: Punish ment for murder W hoever com m its murder, sha ll be pu ni shed with death or tra nsportat ion f or lif e and s ha ll a ls o be li ab le to f ine. 303 IPC: pun ishm ent f or m urder by a l if e conv ict. Section 304 IPC: Punis hm ent f or culpab le homicide not am ounting to murde r W hoever comm its culpa ble hom icide not am ounting to m urder, 1) shall be pu nishe d with im prisonm ent f or lif e or im prisonm ent of either descr iption f or a term which m ay extend to 10 years and shall als o be liabl e to f ine, if the act by wh ich death is ca used is don e with t he intention of causing death or of caus ing s uch bod ily injury as is likely to c ause death. or 2) with im prisonm ent of either descript io n whic h m ay exten d to 10 ye ars or with f ine or b oth if the a ct by wh ich death is caus ed is done wit h the know ledge that it is lik e ly to cause death but without an y intent ion to c ause de ath or to cause s uch b odily inj ur y as is lik el y ca us e death, Section 304 A I PC : Causing de ath by n egligence W hoever, causes th e death of a person by doin g any r ash or negligent act riot am ounting to c u lpa ble h om icid e s hall be punish ed wit h i m prisonm ent of either descript ion f or a term which m ay e xtend to 2 years, or with fm e or with both, 304 B IPC: Dow ry d eath when death of a wom en occurs due t o burn or oth er bo di ly injur y or i n circum stances other than norm al, with in 7 yea rs of m arriage, and it is s ee n that she was s ubje cted to crue lt y or harassm ent by her husba nd or any relat ive of her husb and f or or in conne ction with the dem and of dowr y, suc h death shall b e called do wr y death and t he hus band or hi s relat ive s ha ll b e deem ed to have caused her d eath.
305 IPC: Punishm ent of abetem ent of suic id e of a chi ld under 18 years of age or an ins ane s ha ll be upto 10 years w ith or without f ine. Section 306 IPC: Punish ment for abetment of suicide Im prisonm ent of either descr iption f or a term which m ay extend to 10 years an d f ine. Section 307 IPC: Punishment for atte mpt to murde r Im prisonm ent of either description f or a term upto 10 ye ars and fm e. Section 309 IPC : Attempt to c ommit suicide Pun ished with im prisonm ent f or 1 yea r or with fine or with bot h. Simpl e Injuries: All inj ur ies which are n ot grievous are sim ple . Dange rous Injuries: Danger ous inj ur ies are those wh ich cause imm inent dang er to lif e, either b y involvem ent of im portant organs or structures, or extens ive area of the bod y. If no sur gical aid is avai lable, s uch injur ies m ay prove f atal.
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SEXUAL OFFENCES AND CRIMINAL ABORTION
It is the in duced d es truction and expulsion of the f oetus from the m other's wom b unla wf ully. I n other wor ds, it is abortion not in acc ordance with the provi si ons of the Mf P Act, 19 71. It is g enerally induced bet ween the sec ond and third m onths of pregna nc y and occ asio na lly bet ween the f ourth and fif th m onths. Legal bearing Sections 3 12, 3 13, 314, 315 and 3 16 IPC ref er to the of f ence of crim inal m iscarriage and p un ishm ent awarded f or these of f ences. Section 312 IPC : Causing mis carriage W hoever volunt ari ly causes a wom an wit h ch ild to m iscarry, shall if suc h m iscarriage be not c aused in goo d f aith f or the purpo se of savi ng the lif e of the wom an, be punished with im prisonm ent of either descr ipt ion f or a term which m ay extend to 3 yea rs, or wit h f in e, or wit h b oth; a nd if the wom an be quick wit h the child, sha ll be pun is hed with im prisonment of either descr iption f or a term whic h m ay extend to 7yea rs and sh all als o be liable t o f ine.
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Section 313 IPC: Ca using m iscarriage wi thout wom an's cons e nt W hoever vo luntar ily cause s a wom an with child to m iscarr y wit hout th e conse nt of the wom an, whether the wom an is quick with the c hild or not, shall be punis hed wit h transportation f or lif e or with im prison m ent of either descr iption for a term wh ich m ay exten d to 10 yea rs a nd s hall also be liable to f ine. Section 314 I PC : Death caused by an act done w ith intent to cause misca rriage W hoever with intent to cause m iscarriag e of a wom an with child, does an y act whic h c au ses the death of the wom an, shall be punis hed with im prisonm ent of either description f or a term wh ich m a y ext end to 10 years and s hall also be l iable to f ine; and if the act is done without the consent of the wom an, shall be punished with eit her transp ortation f or lif e or with t he above m entioned punishm ent. Explanation: It is n ot nec essar y f or the off ender to k now that the act is likely to c ause death. Section 315 IPC : Act done w ith intent to prevent child being born alive or to c aus e it to die after bi rth W hoever bef ore the birth of an y ch ild, does any act with the intent ion of prevent ing that child from being born a live or caus in g it to d ie af ter its birth and does by s uch an act prevent that ch ild f rom being born ali ve or caus es it to d ie af ter its b irth sha ll be pu nis hed with im prisonm ent of either descript ion f or a term . W hich m a y extend to 10 years or with f ine or with both, prov ide d the act is not don e in good f aith f or the purpos e of saving the lif e of the m other. Section 316 IPC : Causing de ath of qui ck unborn child by act amounting to culpabl e homicide A person would be guilt y of culpable hom ic ide if he caused the death of a pregna nt wom an b y an act whic h he k new was lik el y to ca us e her deat h. If his act injured the wom an and d id not cause h er deat h, but c aused the deat h of her unborn quick child, h e wou ld b e g uilt y of the off ence def ined under this sectio n and sha ll b e pun ished with im prisonm ent f or a term which m ay exten d to 10 yea rs and shall also be l iable to f in e. Section 375 IPC : Definition of Rape Unlawf ul s exual intercourse by a m an, with h is own wif e under the age of 15 years or, with a ny oth er wom an under the age of 16 years, with or with out her consent or, with a ny oth er wom an abov e the ag e of 16 years, against her wil l,
with out her consent or, with her consent, when her con sent has been obta in ed by p utting her or an y pers on in whom she is inter ested in f ear of death or hurt or,
with her c ons ent, when the m an, k nows that he is not her husband and that her conse nt is give n be caus e s he be lieves t hat he is another m an to whom she is or believes h erself to be lawf ull y m arried or, with h er cons ent, wh en at the tim e of givi ng such c onsent, by reason of unsou ndn ess of m ind, or intox ic ation, or the adm inistrat ion of any st upef yin g or unwho les om e substance, she is unabl e to underst and the nat ure an d conse quences of that to whic h she g iv es conse nt. Section 376 IPC: Punish ment for Rape W hoever com m its rape, shall be pun is hed with im prisonm ent of either descr iption f or a term which shall not be less than 7 years but whi ch m a y be f or life, or f or a term which m ay exten d t o 10 yea rs and shal l also be lia ble to f ine.
Custodial rape Rape by po lice of ficer or pub lic s ervant who abus es his pos ition of authorit y is p un ishable by im prisonm ent for at least 1 0 years t o l if e and fine. Section 376 A I PC : Ma rital rape W hoever has sexual interco urse with his own wif e, who is living separate ly from him under a degree of separat ion or un der any custom or usage witho ut her c onsent, s hal l be punis hed wit h im prisonm ent of either descr iption f or a term which m ay extend to 2 ye ars and shall also be liable to f ine. Section 376 B IPC Sexual intercour se not-am ounting t o rap e by a p ub lic serv ant who induc es or seduces a wom an in his custody to have. sexual i ntercours e with him shall be punis hab le with i mprisonm ent of up to 5 yea rs and f ine. Section 376 C IPC Sexual intercourse not am ounting to rape by a super intendent of jail, rem and hom e or other places of custody who induces or seduces any f em ale inm ate to have sexua l int ercours e with him shall be punishable wit h im prisonm ent of up to 5 years and f ine. Section 376 D IPC
Sexual intercourse not am ounting t o rape by a m em ber of the m anagem ent or staff of a hospital wh o tak ing advantage of his pos it ion induces or sed uces an y wom an in the hospital to have sexua l intercours e with h im shall be pu nis hable with im prisonm ent of up to 5 years ahd f ine. Section 114 A I E A In a prosec utio n for rap_, where th e quest ion is whe ther sexual intercourse was wit hout the c onse nt of the wom an, and she states in her evidenc e that sh e did not consent, the c ourt shall presum e that she di d not conse nt. Section 228 A I PC Dis cl osure of ident it y of the victim against whom sectio ns 376, 37 6A-D IPC is alleged to have bee n perm itted except b y due authori zation. Any perso n who without a uthor izat io n b y a proper auth orit y the nam e or will result in identif ying the v ict im of rape shall im prisonm ent of upto 2 years a nd f ine. an off ence under comm itted, is not pri nts or publ ishes any m aterial wh ich be punished with
Section 354 IPC: Indecent ass ault Indecent assault on a f em ale comm itted wit h intent or knowle dge to outrage her m odest y is punis hable with im prisonm ent of either descript ion f or a term which m ay ex tend to 2 years or f ine or with both. Section 377 IPC: Unnatural offence s W hoever, voluntar ily has car nal intercourse agai nst the order of nature with an y m an, wom an or anim al shall be punis hed with trans portation f or lif e or with im prisonm ent of either d escri ptio n f or a term which m ay extend to 1 0 years a nd sh all also be l iab le to f ine.
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Poisoning
Sec. 27 2 I.P.C. - Punishm ent f or adult erating f ood or drink intended f or sale, so a s to m ake the sam e noxious, m ay extend upto 6 months im prisonm ent of either term and/or f ine upto one thousand rupees. Sec. 273 I.P.C. - Punishm ent for sellin g no xious f ood or d rink m a y b e im prisonm ent of either descript ion f or a period of 6 months and or f ine upto one thousand rupe es . Sec. 274 I.P.C. - Punishm ent f or adulteratio n of drugs in any f orm with an y ch ange i n its eff ect k nowing that it W ill be sold and used as unadulterated drug, m ay b e im prisonm ent of either descr ipti on f or a per iod-of 6 months and or f ine.
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Sec. 275 l.P.C. - Punis hm ent f or k nowingly se llin g adulterat ed drugs wit h less ef f icacy or altered action serving it f or use as unadulterated m ay b e im prisonm ent of either descr ipti on f or 6 mo nths an d or f ine. Sec. 276 I.P.C. - Punishm ent f or selling a drug as a different drug or Preparat io n m a y be im prisonm ent of either descr ipt ion whi ch m ay extend upto 6 m onths and or f ine. . Note - In the State of W est Bengal, the puni sh m ent f or these off ences descr ibed under sect ion s 272 to 276 m ay be upto i mprisonment for life wit h or without f ine. Sec. 277 I.P.C. Punishm ent f or fouling w ater of publi c spr ing or reservoir m a y b e im prisonm ent of either descr ipti on which m ay extend u p to a period of 3 month s and or f ine. Sec. 278 I. P.C. - Punishm ent f or volunt aril y m ak ing atm osphere noxious to hea lth is f ine which m ay extend u pto f ive hundred rupees. Sec. 284 I.P.C. Punishm ent f or negl ige nt con duct with respect to poisonous subst ance m ay be im prisonm ent of either description wh ich m ay extend upto 6 months a nd or f ine which m ay extend u pt o one tho usand rupees. Sec. 328 I.P.C. :Punis hm ent' f or causin g hurt by m eans of poison or any stupef ying, int oxicat ing or unwho lesom e drug or any othe r thin g with the intent to comm it an off ence sha ll be im prisonm ent of either descr ipti on f or a term whic h m a y extend to ten years wit h or with out f ine.
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