Offences Affecting the Human Body under IPC (Sections 299-377)

1. Culpable Homicide and Murder (Sections 299-304)

• Section 299: Culpable Homicide

  • Culpable homicide is defined as causing death by 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 the act is likely to cause death.

• Section 300: Murder

  • Murder is culpable homicide with the additional factors of intent or knowledge of the act being sufficient in the ordinary course of nature to cause death. It is differentiated from culpable homicide not amounting to murder by the presence of intent or premeditation.

• Section 302: Punishment for Murder

  • The punishment for murder under this section is death or imprisonment for life, and may also include a fine.

• Section 304: Punishment for Culpable Homicide not Amounting to Murder

  • This section prescribes the punishment for culpable homicide not amounting to murder, which may be imprisonment for life or up to 10 years, and may also include a fine, depending on the intention and knowledge involved.

2. Attempt to Murder and Suicide (Sections 307-309)

• Section 307: Attempt to Murder

  • Whoever does any act with such intention or knowledge, and under such circumstances, that if he caused death, he would be guilty of murder, shall be punished with imprisonment for a term which may extend to 10 years, and may also include a fine. If hurt is caused, the term may extend to life imprisonment.

• Section 308: Attempt to Commit Culpable Homicide

  • This section deals with attempts to commit culpable homicide not amounting to murder. The punishment may extend to 3 years, or 7 years if grievous hurt is caused, and may also include a fine.

• Section 309: Attempt to Commit Suicide

  • This section originally prescribed punishment for any person who attempts to commit suicide. However, recent amendments have decriminalized attempted suicide, recognizing it as a matter of mental health.

3. Hurt and Grievous Hurt (Sections 319-338)

• Section 319: Hurt

  • Hurt is defined as causing bodily pain, disease, or infirmity to any person. This section covers minor physical injuries.

• Section 320: Grievous Hurt

  • Grievous hurt refers to severe forms of injury, such as emasculation, permanent loss of sight or hearing, loss of limb, or any hurt that causes severe bodily pain for 20 days or more, or that endangers life.

• Sections 321-325: Various Types of Hurt

  • These sections define and differentiate types of hurt based on intent, method, and severity. For instance, voluntarily causing hurt (Section 321) can result in imprisonment for up to 1 year, or a fine.

• Sections 326-338: Grievous Hurt by Dangerous Weapons, Rash Acts, or Negligence

  • These sections deal with grievous hurt caused by dangerous weapons or means (Section 326), or by rash or negligent acts (Sections 337-338). Punishments can range from 3 years to life imprisonment, depending on the severity and circumstances.

4. Wrongful Restraint and Confinement (Sections 339-348)

• Section 339: Wrongful Restraint

  • Wrongful restraint is defined as voluntarily obstructing a person so as to prevent them from proceeding in any direction in which they have a right to proceed.

• Section 340: Wrongful Confinement

  • Wrongful confinement is the act of wrongfully restraining a person in such a manner as to prevent that person from proceeding beyond certain circumscribed limits.

• Sections 341-348: Punishments for Restraint and Confinement

  • These sections prescribe punishments for wrongful restraint and wrongful confinement. Wrongful restraint (Section 341) may result in simple imprisonment for up to 1 month, or a fine. Wrongful confinement (Section 342) may result in imprisonment for up to 1 year, or a fine.

5. Criminal Force and Assault (Sections 349-358)

• Section 349: Force

  • Force is defined as causing motion, change of motion, or cessation of motion to another person’s body by the use of physical power.

• Section 350: Criminal Force

  • Criminal force involves using force against a person with the intention of committing an offence, or intending to cause or knowing it to be likely to cause injury, fear, or annoyance to the person.

• Section 351: Assault

  • Assault is defined as making any gesture or preparation to use criminal force against a person, under circumstances that cause the person to apprehend that criminal force will be used against them.

• Sections 352-358: Punishments for Assault and Criminal Force

  • These sections describe punishments for different forms of assault and criminal force. For instance, using criminal force (Section 352) can result in simple imprisonment for up to 3 months, or a fine.

6. Kidnapping, Abduction, and Related Offences (Sections 359-374)

• Section 359: Kidnapping

  • Kidnapping is classified into two categories: Kidnapping from India and Kidnapping from Lawful Guardianship.

• Sections 360-361: Kidnapping from India and Lawful Guardianship

  • Kidnapping from India (Section 360) involves taking a person out of India without their consent. Kidnapping from lawful guardianship (Section 361) involves taking away a minor or a person of unsound mind from their legal guardian without consent.

• Sections 362-369: Abduction and Related Offences

  • Abduction (Section 362) refers to the act of forcibly or deceitfully taking or enticing a person. The following sections (363-369) outline specific circumstances and punishments related to abduction, such as abduction for ransom.

• Sections 370-374: Trafficking and Exploitation

  • These sections deal with offences related to trafficking of persons (Section 370), including trafficking for the purpose of exploitation, forced labor, or sexual exploitation. Section 374 addresses unlawful compulsory labor. The punishments are severe, reflecting the seriousness of these crimes.

7. Sexual Offences (Sections 375-377)

• Section 375: Rape

  • Rape is defined as sexual intercourse with a woman against her will, without her consent, with consent obtained by coercion, or when the woman is incapable of giving consent (due to age, intoxication, etc.). This section outlines specific circumstances under which the offence of rape is committed.

• Section 376: Punishment for Rape

  • The punishment for rape under this section is rigorous imprisonment for a term not less than 7 years, which may extend to life imprisonment, and may also include a fine.

• Sections 376A-376D: Aggravated Forms of Rape

  • These sections deal with more severe cases of rape, such as custodial rape (Section 376C) or gang rape (Section 376D), with stringent punishments, including imprisonment for life or the death penalty in certain circumstances.

• Section 377: Unnatural Offences

  • This section criminalizes voluntary carnal intercourse against the order of nature with any man, woman, or animal. Historically, this included consensual same-sex relations, but the Supreme Court of India has decriminalized consensual sexual acts between adults in private, focusing this section on non-consensual acts.