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MEIDCO LEGAL ASPECTS OF WOUNDS

[A] INJURY:
->S.44 of I.P.C-the word ‘injury’ denotes any harm
whatever illegally caused to any person,in
body,mind,reputation or property.
->Injury to body:wound,which means forcible solution of
continuity of body tissue.
->injury to mind:torture-both mental and physical.
->S.319 of I.P.C.-whoever causes bodily pain,disease or
infirmity to any person is said to have
caused hurt
->S.321 of I.P.C.-voluntarily causing hurt.
->S.324 of I.P.C.-voluntarily causing hurt by dangerous
weapons or means.
What is”dangerous weapon”?
a)Any instrument for shooting,stabbing,or cutting or any
instrument,which used, as a weapon of offence is likely
cause a death:or
b)By means fire or any other heated substances;or
c)By means any poison or corrosive substances;or
d)By means any explosive substances;or
e)By means of any substance which is deleterious to the
human body to inhale,to swallow,or receive in to the
body;or
f)By means of any animal.
->Difference between assault & injury/hurt:
S351 of I.P.C.-whoever makes any gesture,any preparation
intending or knowing it to be likely that such gesture or
preparation will cause any person to apprehend that he who
makes that gesture or preparation is about to use criminal force
to that person,Is said to commit an assault.
{B} GRIEVOUS HURT:-S.320of I.P.C
The following kinds of hurt only are designated as
“grievous”:
1st-Emasculation.
-Means depriving a male of masculine vigour by causing
loss to his private pat either by taking out the
testicle(before puberty),castration,damage to lumber
part spinal cord from which the pudendal nerves arise
etc.
2nd-Permanent privation of the sight of either eye.
3rd-Permanent privation of the hearing of either ear.
4th-privation of any member or joint.
-Member means nay organ or part of organ,which
participates in particular activity of body
function. i.e. female breast-lactation,kidney-urination.
5th-Destruction or permanent impairing of the powers of
any member or joints.
Destruction=anatomical,impairing power=functional.
6th-Permanent dis figuration of head or face.
-Dis figuration means doing a human some external injury
which detracts from his personal appearance but does
not weaken him. i.e. cutting of nose.
-Scar formation:in injuries beyond epidermis.
7th-Fracture or dislocation of a bone or tooth.
8th-Any hurt which
a) endanger life;or
1.An injury the result of which may be possibly
death=injury which endanger life.
2.An injury as a result of which death is not merely
possible,but death is likely=bodily injury likely to cause death.
3.An injury as a result of which the death is highly probable=
bodily injury sufficient in the ordinary course of nature to
cause death.

b)causes the sufferer to be during the space of 20 days


in severe bodily pain;or
- mere hospitalisation for 20 days not enough,evidence of
severe bodily pain is must.

c)unable to follow his ordinary pursuits.


- ordinary pursuits means day to day activity which a human
being of any class does.
Section of IPC Bailable/NB Punishment

323 Bailable 1 year imprisonment


Hurt or 1000 fine or both

324 Non bailable 3 years imprisonment


Hurt + Dangerous weapon or with fine

325 Non bailable 7 years imprisonment


Grievous hurt and with fine

326 Non bailable Imprisonment – 10 /life


Grievous hurt + Dangerous weapon and with fine
[C]CAUSES OF DEATH FROM WOUNDS:
1)Immediate or direct:
i) Hemorrhage:->evidence-paleness of organs
-soaking of clothes with blood
-stains at scene.
->Types-a)Internal-site and duration is
important than volume,i.e. brain stem
b)External-loss of one third of total
blood volume or more is considered
fatal. Estimation of total blood volume
by total body weight-750 ml per10 Kg
of body weight/5% of total body
weight.
BLOOD LOSS AFTER FRACTURES IN ADULT MAN
INJURY AMOUNT OF BLOOD LOSS
1.Compound fracture(open)-thigh 1-3L
2.Multiple rib fractures 1-2L
3.Closed fracture-thigh 1/2-2L
4.Closed fracture-leg ½ -1L
5.Fracture,dislocation-ankle 1/4-1/2L

ii) Shock:-a)Primary-vaso vagal shock.


-Sympathetic=stimulation
parasympathetic=inhibition
b)Secondary-hypovolemia.
2. Delayed or indirect:
i) Infection and septicemic shock

ii) Gangrene or necrosis

iii) Crush Syndrome-2 weeks-crushed tissue-trigger renin


-angiotensin system and produce tubular necrosis-death
due to renal failure.

iv) Thrombosis and Embolism-in cases of limb injuries-Deep


vein thrombosis,air,fat embolism.
[D] MEDICO LEGAL QUESTIONS ON TRAUMA:
1.Whether antemortem or postmortem?
- Features of antemortem
hemorrhage,inflammation,healing process.
-Histo pathological Examination of tissue
- inflammation.
-Histo chemical examination
a)0.2-0.5 mm wide zone of negative vital reacton(reduced
enzyme activity)close to the edge of wound.

b)0.1-0.3 mm -wide zone of positive vital reacton(increased


enzyme activity) immediately beyond zone of negative
reaction
2.If antemortem, what is the age of injury?
-Naked eye changes.
-Healing and repair,histological and histo chemical changes
in wound tissue.
3.Possible by which weapon?
-Hard and blunt force or object.
-Friction with rough object.
-Single edged sharp cutting/pointed weapon.
-Double edged sharp cutting/pointed weapon.
-Sharp cutting heavy weapon.
-Fire arm or explosive.
4.Which of several injuries caused/contributed to death?
-Likely/sufficient/highly probable to cause death in ordinary
course of nature
5.Did the treatment of wound contributed to death?

-Assailant is responsible if victim dies due to consequences


of treatment provided:
1.In absence of treatment victim would have succumbed to
death.(Need)
2.A qualified practitioner gave the treatment
3.Treatment was given with reasonable care and skill.
4.The complication of treatment -a known one.

6.The power of volitional Acts after injury.

7.Duration of survival.
8.Manner:Suicide,homicide or accident?

-It can be opined after considering following factors:

1.The number,direction and extent of wounds.


2.Handedness of victim.
3.The situation and character of wounds.
4.Presence or absence of hesitation or defense wounds.
5.Type of weapon-its dimensions and mechanism of
operation.
6.Power of volitional acts after receiving injury.
7.Circumstantial evidence at scene of offence.
[E]HOMICIDE:Killing of human being by another
human being.

:Classification:

1)Lawful- a. Excusable
b. Justifiable
2)Unlawful- a. Culpable homicide S.299 of I.P.C.
b. Murder S.300 of I.P.C.
c. Culpable homicide not
amounting to murder
S.304 of I.P.C.
d. Causing death by negligence S.304-A
->Lawful homicide-
ACTUS REUS-Criminal act.
MENS REA-Criminal mind.
CRIME=objective+knowledge+intention+preparation+
execution of act.
1.Where the death is caused by accident or misfortune,and
without any criminal intention or knowledge in doing of a
lawful act,i a lawful manner,by lawful means, and with
proper care and caution.(S.80)-EXCUSABLE

2.Where the death is caused by child,or person of unsound


mind,or a intoxicated person(Involuntary)as will come
under S.82,83,84and 85.EXCUSABLE
3.Where death is caused unintentionally by an act done in
good faith for the benefit of the person killed,when-
a. he or,if a minor or lunatic,his guardian has expressly or
impliedly consented to such an act(S87,88)or

b. Where it is possible for the person killed to signify his


consent or where he is incapable of giving consent, and
has no guardian from whom it is possible to obtain
consent,in time for he thing to be done with
benefit.(S.92)EXCUSABLE
4.Where death is caused justifiably,that is to say:
a. By a person,who is bound,or by mistake of fact in good
faith believes himself bound,by law.(S.76)
3.Where death is caused unintentionally by an act done in good faith for the benefit of the
person killed,when-
a. he or,if a minor or lunatic,his guardian has expressly or impliedly consented to such
an act(S87,88)or
b. Where it is possible for the person killed to signify his consent or where he is
incapable of giving consent, and has no guardian from whom it is possible to obtain
consent,in time for he thing to be done with benefit.(S.92)EXCUSABLE
4.Where death is caused justifiably,that is to say:
a. By a person,who is bound,or by mistake of fact in good faith believes himself bound,by
law.(S.76)
f. Where death is caused in the exercise of right of private
defense of person or property.(Ss100.103)JUSTIFIABLE
->Culpable homicide-S.299 of IPC:Whoever causes death
by doing an act with the intention of causing death,or with
the intention of causing such bodily injury as is likely to
cause death,or with the knowledge that he is likely by such
act to cause death,commits culpable homicide.

1. A lays sticks and turf over a pit,with the intention of there


by causing death,or with the knowledge that death is likely
to be thereby caused Z believing that the ground to be
firm,tends on it,falls in and killed. A has committed the
offence of culpable homicide.
2.A knows Z to be behind a bush. B does not know
it. A,intending to cause,or knowing it to be likely to cause
Z’s death,induced B to fire a bush. B fires and kills
Z. Here B may be guilty of no offence but A has
committed the offence of culpable homicide.
->Murder-S.300 of IPC:Except in the cases herein
excepted,culpable homicide is murder,
1. if the act by which the death is caused is done with the
intention of causing death. or
2. if it is done with the intention of causing bodily injury as
the offender knows to be likely to cause the death of the
person to whom the harm is caused, or
3.if it is done with the intention of causing bodily injury to
any person and the bodily injury intended to be inflicted is
sufficient in the ordinary course of nature to cause death
Or

4.if the person committing the act knows that it so


imminently dangerous that it must, in all probability,
cause death or such bodily injury as is likely to cause
death, and commits such act without any excuse for
incurring the risk of causing death or such bodily injury as
afore side.
EXCEPTIONS:(When culpable homicide is not murder)
1.If the offender,whilst deprived of the power of self control
by grave and sudden provocation,causes the death of the
person who gave the provocation or causes the death of
any other person by mistake or accident.
2.If the offender in the exercise in good faith of the right of
private defense of person or property, exceeds the power
given to him by law and causes the death of person
against whom he is exercising such right of defense
without premeditation, and without any intention of doing
more harm than is necessary for the purpose of such
defense.
3.If the offender, being a public servant or aiding a public
servant acting for the advancement of public justice,
exceeds the powers given to him by a law,and causes
death by doing an act which he,in good faith,believes to be
l awful and necessary for due discharge of his duty as such
public servant and without ill-will towards the person whose
death is caused.

4. If it is committed without premeditation in a sudden fight in


the heat of passion upon a quarrel and without the
offender’s having taken undue advantage or acted in a
cruel or unusual manner.

5. When the person whose death is caused, being above the


age of 18 years, suffers death or taken risk of death with
his own consent.
PUNISHMENTS
1. S.304- Culpable Homicide – Non bailable-
1. LI --> If intention of causing death
2. 10 years imprisonment -> If no intention

2. S. 304-A Causing Death by negligence not amounting to culpable


homicide – Bailable – Imprisonment for 2 years.

3. S.302- Murder- Non bailable --> DEATH, LI and FINE

4. S.303- Murder by a person under sentence of imprisonment of life


- Non Bailable -- DEATH.
DOWRY DEATH:
S.304-B:
1. Where the death of a woman is caused by any burns or bodily
injury or occurs otherwise than under normal circumstances
within 7 years of her marriage and 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, such death shall be called
“ Dowry death” , and such husband or relative shall be deemed
to have caused her death.
2. Whoever commits dowry death shall be punished with
imprisonment for a term not less than 7 years but which may
extend to imprisonment for life.
S. 306. Abetment of suicide: If any person commits suicide, whoever
abets the commission of such, shall be punished with imprisonment of either
description for a term which may extend to 10 years, and shall also be liable
to fine.

S.498-A: Husband or relative of husband of a woman subjecting her


to cruelty: Whoever, being husband or the relative of the husband of a woman
subjects such woman to cruelty shall be punished with imprisonment for a term
which may extend to 3 years and shall also be liable to fine.

EXPLANATION: For the purpose this section ‘cruelty’ means-

(a) any wilful conduct which is of such a nature as is likely to drive the woman to
commit suicide or to cause grave injury or danger to life, limb or health ( whether
mental or physical) of the woman; or

(b) Harassment of the woman where such harassment is with view to coercing her
or any person related to her to meet any unlawful demand for any property or
valuable security or is on account of failure by her of any person related to her to
meet such damand.
S. 113-A of I.E.A. Presumption as to abetment of suicide by a married
woman:
when the question is whether the commission of suicide by a woman had
been abetted by her husband or any relative of her husband and it is shown
that she had committed suicide within a period of 7 years from her marriage
and that her husband or such relative of her husband had subjected her to
cruelty, the court may presume, having regard to all the other circumstances
of the case , that such suicide had been abetted by her husband or by such
relative of her husband.

S.113-B Presumption as to dowry death- When the question is whether a


person has committed the dowry death of a woman and it is shown that soon
before her death such woman has been subjected by such person to cruelty
of harassment for, or in connection with, any demand for dowry, the court
shall presume that such person had caused the dowry death.