Question No.

14:-Distinguish between, Hurt and Grievous

Hurt.  

Answer :- INTRODUCTION :-

Hurt generally means injury on the body of a person.  It is such an injury which
causes bodily pain or disease or infirmity or fracture or disfigurement of face
etc.

KINDS OF HURT

There are two kinds of Hurt:-

1. Hurt.
2. Grievous Hurt.

Hurt is defined under section 319 of IPC whereas the grievous hurt has been
defined under section 320.

DEFINITION OF HURT:

Section 319 of IPC says “Whoever causes bodily pain, disease or infirmity to any
person is said to cause hurt.”

Section 319 contains the following ELEMENTS:-

1. Bodily Pain:- The words show that there must be some pain in the
body of a person. It means mental paid does not come under bodily
pain. Any such injury which causes pain on any external part of body
comes under simple hurt.
 2.  Disease : Disease means any illness. By such act which creates
weakness and if a man comes into contract of any disease then it will
come under simple hurt.
3.  Infirmity:- Infirmity means by illness. By such act which creates
weakness in the body, comes under simple hurt.
4.  To any other Person : The hurt must be caused to any other person
not to himself. A hurt may be caused by any mean or method. Such
hurt must cause bodily pain or disease or infirmity.
5.  Section 319 does not show that there must be direct physical contact
with another person for committing simple hurt.

Grievous Hurt

There are various kinds of grievous hurt which have been defined in section 320
in IPC.  Thus a hurt is more than a slightly causing harm as defined in section
95 of IPC and less the culpable homicide.  If the hurt results into death land
fulfils the conditions of section 299 then it becomes culpable homicide,
otherwise it grievous hurt.

The grievous hurt can be classified as under :-

Emasculation : The destruction of private organ of a human being is known as

emasculation. Any injury which makes a person incapable for functioning of the
private organ, person comes under grievous hurt.

Permanent privation of the sight of either eye if there is privation or separation

or destruction either eye of a person, is grievous hurt.

Permanent privation of the hearing of either ear. Similarly the destruction or

separation of either ear is grievous hurt. Here the power of hearing must be
affected. The eye and ears are the main functional organs of a human being.
They have is an important role in the life.
Privation of any member or joint: Privation of any member or joint also comes
under grievous hurt.

Destruction or permanent loss of the power of any member or joint:- If there is

destruction of any member of joint of the body then it is also a grievous hurt or
if any member or joint fails to work properly then also it will comes under
grievous hurt.

Permanent disfiguration of the head or face :- Permanent disfiguration of the

head or face means to cause such an injury on the head or face that they look
bad or head becomes crucial.

Fracture or dislocation of Bone or tooth:- When any bone or tooth is dislocated

it means they loss their original place. Fracture of any bones comes under
grievous hurt.

When there is an such hurt which endangers to life or which causes paid
continuously for a period of 20 days.

Endanger to life mean there must be death from such hurt. If the death is
caused by grievous then it will not be culpable homicide or murder because
there is no intention to cause death. So any hurt to create danger to life is also
called grievous hurt.

PUNISHMENT FOR SIMPLE & GRIEVOUS HURT:

Under Section 323 of IPC Punishment for voluntarily causing hurt is one year or
fine or with both.

Under Section 325 of IPC For voluntarily causing grievous hurt, the punishment
is 7 years with fine.
Under Section 326 of IPC Whoever except the case provided for by sec.335
voluntarily causes grievous hurt by means or any instrument for shooting or cut
or any instrument which is used as a weapon of offence is likely to cause death
or by means of fire. Punishment imprisonment of life, it is ten years with fine.

DIFFERENCE BETWEEN HURT AND GRIEVOUS

HURT
 

HURT GRIEVOUS HURT

hurt is defined in Section 319. Grievous hurt defined in sec.320.

In hurt injury is committed on the external There may be injury of external

part of       The body causing bodily pain. or internal part of the body.

Hurt is a form of simple       Injury. Grievous hurt is a serious form of hurt.

The types of injury are bodily Pain, disease, Important organs of the body like
infirmity etc. eye, Ear, joints, face dislocation or
broken

Punishment is of one  year or fine Punishment is of seven years with fine.

Question No. 7 : Define “wrongful restraint” and “Wrongful

confinement” and distinguish between them.

Answer :-
The expression “wrongful restraint” implies keeping a man out of a place where
he wishes and has a right to be.

DEFINITION,”WRONGFUL RESTRAINT”

Section 339 of Indian Penal Code lays down that, ”whoever voluntarily obstructs
any person so as to prevent that person from proceeding in any direction in
which that person has a right to proceed is said wrongfully to restraint that
person.”

EXAMPLES:-

‘A’ obstruct a path along which Z has a right to pass.  B not believing in good
faith that he has a right to stop the path, Z is thereby prevented from passing A
wrongfully restrains Z.

Similarly B threatens to set a salvage dog at Z if Z goes along a path along

which Z has a right to go. Z is this prevented from going along that path. B thus
wrongfully restrains Z.

WRONGFUL CONFINEMENT

Section 340 of Indian Penal code lays down that,” whoever wrongfully restrains
any person in such a manner as to prevent that person from proceeding beyond
certain circumscribing limits is said,” wrongfully to confine” that person.”

EXAMPLE

A causes Z to go within a walled space, and locks Z in. Z is thus prevented from
proceeding in any direction beyond the circumscribing line of the wall. A
wrongfully confines Z.
DIFFERENCE BETWEEN WRONGFUL CONFINEMENT AND WRONGFUL
RESTRAINT.

WRONGFUL CONFINEMENT WRONGUL RESTRAINT

Wrongful confinement is Form of wrongful A Wrongful restraint is keeping a

restraint It is keeping a man within   limits out of man out of a place where he wishes
which he wishes to go and has a right to go. to go and has a right to be.

A person is restrained from moving     Beyond a He is free to move anywhere

certain area within which he is confined. other than to proceed in a
particular Direction.

It is a more serious offence punishable with This offence is punishable with

imprisonment simple or rigorous extending to simple imprisonment up to one
one year or fine up to Rs.1000/- month or with fine of Rs.500/- or
both.
Or both.

Question No. 6: What do mean by kidnapping? Distinguish

between Kidnapping & Abduction.

Answer :-

KIDNAPPING

Kidnapping and abduction are different types of offences under the law of crime.
Under these offences, a person is taken away secretly or forcible without his
consent or without the consent of authorised guardian. Under kidnapping a
person is kidnapped from lawful custody. Under section 359 of IPC, there are
two types of kidnapping :-

1. Kidnapping from India.

2. Kidnapping from lawful guardianship.

Section 360  defines that kidnapping from India and

section 361 defines that kidnapping from lawful guardian ship.  The offence of
abduction is defined under section 362 of IPC.

KIDNAPPING FROM INDIA:

Section 360 provides that whoever conveys any person beyond the limit of India
without the consent of that person or of any person legally authorised to
consent on behalf of that person, is said to kidnap that person from India. Age
limit is immaterial. This has two essentials :

(i)    Convey any person beyond the limits of India.

(ii)    Such conveying must be without the consent of that person or of the    
person legally authorised to give consent on behalf of that person.

KIDNAPPING FROM LAWFUL GUARDIANSHIP:

Section 361 says that whoever takes or entices any minor under 16 years of
age if a male or under 18 years of age if a female, or any person of unsound
mind, out of the keeping of the lawful guardianship of such minor or person of
unsound mind, without the consent of such guardian is said to kidnap such
minor or person from lawful guardianship.  The word lawful guardian here
means any person lawfully interested with care or custody of such minor or
other person.
  Question 1- Define Crime and its essential elements?

Blackstone defined crime as an act committed or omitted in violation of a

public law either forbidding or commanding it.

There are four elements of crime, these are:-

1. Human being
2. Mens Rea
3. Actus reus
4. Injury

Human Being- The first element requires that the wrongful act must be
committed by a human being. If an animal causes an injury we hold not the
animal liable but its owner liable for such injury.

Thus the first element of crime is a human being who- must be under the legal
obligation to act in a particular manner and should be a fit subject for awarding
punishment.

Section 11 of the Indian Penal Code says that word ‘person’ includes a company
or association or body of persons whether incorporated or not. The word
‘person’ includes artificial or judicial persons.

Mens Rea-  There can be no crime of any nature without mens rea or an evil
mind. Every crime requires a mental element and that is considered as the
fundamental principle of criminal liability. The basic requirement of the principle
mens rea is that the accused must have been aware of those elements in his act
which make the crime with which he is charged.

There is a well known maxim “actus non facit reum nisi mens sit rea” which
means that, the guilty intention and guilty act together constitute a crime. It
comes from the maxim that no person can be punished in a proceeding of
criminal nature unless it can be showed that he had a guiltymind.

Actus Reus [Guilty Act Or Omission] – The third essential element of a

crime is actus reus. It says some overt act or illegal omission must take place in
pursuance of the guilty intention. Actus reus is the manifestation of mensrea.

 Injury- The fourth element of a crime is injury to a person or to the society at

large. The injury should be illegally caused to any person in body, mind,
reputation or property as according to Section 44 of IPC, 1860 the injury
denotes any harm whatever illegally caused to any person in body, mind,
reputation or property.

Question 2   :-Discuss the right of private defence against

offences relating the human body. Is there any difference
between Indian Law and English Law.? 

OR

Section 97 of IPC defines that the right of private defence of the body and of
property?

Answer- Section 97 says- every person has a right, subject to the restrictions

contained in section 99, to defend:

1. His own body, and the body of any other person, against any offence
affecting the human body.
2. The property, whether movable or immovable, of himself or of any
other person, against any act which is an offence falling under the
definition of theft, robbery, mischief or criminal trespass, or which is an
attempt to commit theft, robbery, mischief or criminal trespass.
RIGHT OF PRIVATE DEFENCE OF BODY  

Section 97 provides that every person has a right subject to restrictions

contained in section 99, to defend his own body, and the body of any other
person, against any offence affecting the human body. Section 102 of IPC says
that the right of private defence of the body commences as soon as a
reasonable apprehension of danger to the body arises from an attempt or threat
to commit the offence though the offence may not have been committed, and it
continues as long as such apprehension of danger to the body continues.

Therefore the right commences and continues as long as danger to body lasts.
There must be an attempt or threat, and consequent thereon an apprehension
of danger, but it should not be a mere threat.  There must be reasonable
ground for the apprehension.

According to section 100 of IPC, the right of private defence of the body extends
to the voluntary causing of death or any other harm to the assailant if the
offence occasioning the exercise of the right be of any of the following
descriptions, viz :

1. An assault causing reasonable apprehension of death.

2. An assault causing reasonable apprehension of grievous hurt .
3. Assault with the intention of committing rape, gratifying unnatural lust,
kidnapping or abducting or wrongfully confining a person causing
reasonable apprehension that he will not be able to have recourse to
the public authorities for his release.

For the purpose of exercising the right of private defence physical or mental
incapacity of the person against whom the right is exercised is no bar.

Section 99 of IPC says- There is however no right of private defence:

 1. Against an act which does not reasonable cause the apprehension of
death or of grievous hurt, if done, or attempted to be done, by a public
servant or by the direction of a public servant acting in good faith
under colour of his office though that direction may not be strictly
justifiable by law.
2. In cases in which there is time to have recourse to the protection of
the public authorities.
3. Nor does the right of private defence extend to the inflicting of more
harm than it is necessary to inflict for the purpose of defence.

Mukhtiar Singh v. State of Punjab 1973

The right of private defence provided by section 97 IPC is a right of protection

and not of aggression.  An act done in exercise of a right of private defence
does not give rise to any right of private defence in return.

EXCEPTIONS

There is only one exception of this section, this section does not extend to the
act of any person who in good faith believes himself to be the father of an
illegitimate child, or who in good faith, believes himself to be entitled the lawful
custody of such child unless such act is committed for an immoral or unlawful
purpose.

Take or entice away :- Take away or entice away means to induce a person for
going to another place. The object of this Section is to protect minor children
from being reduced (to corrupt) for improper purpose.

Guardian consent :- The kidnapping must be without the consent of the

guardian. The consent may be expressed or implied.  Thus, to attract this
section there must be taking or enticing away any minor or unsound mind
person out of lawful guardianship without his consent.

ABDUCTION

According of Section 362 whoever by force compels or by any deceitful induces

any person to go from any place, is said to abduct that person. This section may
read with section 364, 365 and 360.

Essentials

1. Forcible compulsion or inducement by deceitful means.

2. The object of such compulsion or inducement must be going of a
person from any place. Thus abduction is an offence under sec.362. If
by force a person compels or even by fraudulent means induce any
other person to go from any place taken is called abduction.

PUNISHMENT FOR KIDNAPPING UNDER SECTION 363

Whoever kidnaps any person from India or from Lawful guardianship shall be
punished with imprisonment or either description for a term which may extend
to seven years and shall be liable to fine.

DIFFERENCE BETWEEN KIDNAPPING AND ABDUCTION:

KIDNAPPING ABDUCTION

It is committed only in respect of a It is committed in respect of any person of any

minor under 16 years of age if  a male age.
and 18 years of age if a female, or a
 person of unsound

mind.

In kidnapping consent of the person Consent of the person removed, if freely and
enticed is immaterial. voluntarily given, condones the offence.

In kidnapping the intention of he In abduction intention is a very Important

offender is irrelevant. factor.

It is not a continuing offence. It is a continuing offence. A person is being

The Offence is completed as soon abducted both  when he is first taken from one
as the minor is removed from the place to and also when he is removed from
Custody of his or her guardian. one place to another