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