Points to remember:

1. Death caused without requisite knowledge or intention IS not culpable homicide.

2. Acts neither intended nor likely to cause death may amount to grieous hurt een
though death is caused.
Mohinder Singh v Emperor: !ohinder Singh in"licted a wound on the leg o" Swaran Singh
on his leg and gae blows. #he wound was not su""icient to cause the death o" a person but
he contacted tetanus$ an in"ection and died.
Problems:
2%. A quarrel cropped between A and & and A slapped on the "ace o"&. 'ith this blow$ &
lost the balance o" his body and "ell down on a large stone behind him. A serious
wound was caused in the head o" & and he died. Discuss the o""ence o" A.
'hen a person causes the death o" another person by doing any rash and negligent act not
amounting to culpable homicide$ he is guilty under section (%)A. *oweer$ a person cannot
be held guilty under section (%) A$ i" death o" the deceased is caused by an act o" accused
which is too remote to hae been caused by accused.
In the gien case the act o" A$ ie: slapping & was too remote a cause "or A to imagine or think
that his slap will cause & to lose the balance o" the body and & will "all down on a stone and
sustain serious wound in his head leading to his death. It was only a coincidence and the
sequence o" eents could not hae been "oreseen. #hus A will be liable "or causing hurt or
grieous hurt.
21. A has knocked down two teeth o"&. 'hat is the o""ence+
According to Section (2%$ ,lause -./$ "racture$ dislocation o" bone or tooth amounts to
grieous hurt and i" it is oluntary$ then it constitutes the o""ence o" causing grieous hurt
punishable under section (20.
2). A causes hurt to & as a result o" which & was unable to "ollow his ordinary pursuits
"or a period o" two weeks. 'hat is the o""ence+
According to the 1th ,lause o" section (2%$ a hurt becomes grieous hurt when it causes the
other unable to "ollow daily pursuits "or a period o" 21 days. In this22.
20. A slaps his "riend. It caused him seere pain but only "or a "ew seconds. 'hat is the
o""ence+
,ausing bodily pain IS an o""ence under section (13 and punishable under section (2(.
24. A gae a simple blow to & oer the stomach. & was su""ering "rom enlarged lier
which ruptured and & died. A was not aware o" this condition o" &. 'hat o""ence is
committed by A+
In this condition i" he was aware o" the condition o" & and caused the in5ury it will be a case
culpable homicide. I" he was unaware o" the condition$ then it will be a case o" causing hurt
under section (13 and punishable under section (2(.
2.. A pulls his wi"e by hairs out o" annoyance. 'hat o""ence i" any has committed by A+
*e has caused the o""ence o" oluntarily causing hurt punishable under Section (2(
21. Seeral people lost their eye sight as a result o" consuming adulterated liquor. 'hat
o""ence i" any has committed by the seller+
6""ence o" causing grieous hurt under section (2% and punishable under section (20.
ACID ATTACKS
Preeti Rathi, a 2(7year7old woman "rom 8ew Delhi with dreams o" becoming an Indian nay
nurse$ alights "rom a train in the bustling &andra station in India9s "inancial hub o" !umbai on
!ay 2$2%12 She was to 5oin the ,olaba 8aal *ospital as a sta"" nurse and "ul"ill her li"etime
dream to eke out a secure li"e "or hersel". &ut as soon as the young woman got o"" the train$
a man appeared "rom nowhere$ tapped her back and as she turned round$ threw acid into
her "ace.
#he attacker then melted away into the crowd. *er eyes were damaged$ her lier and
kidneys were a""ected and she su""ered e:cruciating pain "or a month be"ore breathing her
last on ;une 2 in !umbai.
6ne o" the most horri"ic cases was reported in 6ctober "rom &ihar state. 6n 6ctober 21$
2%12$ "our men threw acid onto 137year7old Chancal Paswan and her sister$ 10$ a"ter the
girls re5ected their se:ual adances. #he "amily still awaits 5ustice.
According to report o" the law commission 1.) acid attack cases were reported in India in
the year 2%%% alone.
rit petition:
<a:mi$ the ictim o" a gruesome acid attack$ has "iled a writ petition in the Supreme ,ourt o"
India in !ay$ 2%%4 in which the <aw ,ommission o" India has been arrayed as the
=espondent 8o.2. #wo things were speci"ically argued in this case:
-i/ Present punishment is not adequate to act as a deterrent
-ii/ ,ost o" treatment is so e:pensie -plastic surgery and repeated operations/
,ompensation to ictims o" acid attacks is o" ital importance as huge medical costs are
o"ten inoled. #he ictims o" acid attack need both short term as well as long term
speciali>ed medical treatments and plastic surgeries. #he proisions in the Indian law "or
giing compensation to the ictims are insu""icient. #he writ petition there"ore they prayed "or
amendment to the IP, including acid attack as a speci"ic o""ence.
Amendment: Due to demand "rom arious quarters$ the law regarding acid attack was
amended as under:
IPC !"#$ amendments
Section %&&ence P'nishment
$!(A Acid attac) Imprisonment not less than ten *ears +'t which ma*
e,tend to imprisonment &or li&e and with &ine which shall +e
-'st and reasona+le to meet the medical e,penses and it
shall +e paid to the victim
$!(. Attempt to
Acid attac)
Imprisonment not less than &ive *ears +'t which ma*
e,tend to seven *ears, and shall also +e lia+le to &ine
The a+ove sections are /ender 0e'tral
?:planation I: Acid includes any substance which has acidic or corrosie character or
burning nature that is capable o" causing bodily in5ury leading to scars or
dis"igurement or temporary or permanent disability.
?:planation II: Permanent or partial damage or de"ormity shall not be required to be
irreersible.
Section $$12$3#: rong&'l restraint:
'hoeer oluntarily obstructs any person so as to preent that person "rom proceeding in
any direction in which that person has a right to proceed$ is said wrong"ully to restrain that
person.
E,ception: #he obstruction o" a priate way oer land or water which a person in good "aith
beliees himsel" to hae a law"ul right to obstruct$ is not an o""ence within the meaning o" the
section.
'rong"ul restraint means obstructing a man "rom moing "rom one place to another where
he has the right to be and wants to go. !alice -intentionally committing an act "rom wrong
moties/ is not a necessary element. =estraint means an abridgement o" the liberty o" a
person against his will.
*oweer$ when a person is depried o" his will power to moement by sleep or otherwise$ he
cannot be said to hae been sub5ect to any restraint.
'hat is essential is the obstructer must intend$ know or hae reason to beliee it to be likely
that the means adopted by him would cause obstruction to the complainant.
#o hold a person liable "or wrong"ul restraint$ the obstruction must be:
-i/ @oluntary obstruction o" a person
-ii/ #he obstruction must be such as to preent that person "rom proceeding in any
direction in which he has a right to proceed.
-@oluntary A done without being "orced/
8either physical presence o" the obstructer nor an actual assault is necessary under this
section. #hus a when the accused remoed the ladder and thereby detailed the person on
the roo"$ he was held to cause obstruction within the meaning o" the section. Again one part
o" the community obstructed the other the use o" public streets$ they were held liable "or
wrong"ul restraint.
4or e,ample: A tenant has the right to enter the tenanted houseBproperty$ i" the owner
preents him "rom entering the premises$ he is guilty o" wrong"ul restraint.
E,ception: /ood &aith de&ence to wrong&'l restraint5
I" the obstruction is made in good "aith and the accused beliees himsel" to hae law"ul right
to obstruct$ no o""ence is committed. A person is 5usti"ied in obstructing another "rom entering
in to a priate way$ oer land or water$ oer which he has a legal right to obstruct.
&ut a person cannot be said to hae been wrong"ully restrained$ i" he has no right to proceed
in any direction.
6i-a* K'mari v S5M Rao AIR #11( SC #"78: the complainant$ a teacher licencee o" a room
in a hostel has no right to lie the a"ter the e:piry o" the term o" licence and she cannot
claims to be in the room and any obstruction will not amount to wrong"ul restraint.
Section $3#: Punishment "or wrong"ul restraint: #he punishment "or wrong"ul restraint may
e:tend up to imprisonment o" one month or "ine up to "ie hundred rupees or with both.
0at're o& o&&ence: 6""ence under this section is cogni>able$ bailable$ compoundable and is
triable by a magistrate.
SECTI%0 $3"2$3!: R%0/49: C%04I0EME0T
'hoeer wrong"ully restrains any person in such manner as to preent that person "rom
proceeding beyond certain circumscribing limits$ is said Cwrong"ully to con"ineC that person.
It is a "orm o" wrong"ul restraint under which a person is wrong"ully preented "rom
proceeding beyond certain circumscribed limits.
Dor e:ample: Arrest or locking up a person in a room or tying a person to a tree etc.
#o support a charge o" wrong"ul con"inement proo" o" actual physical obstruction is not
necessary. It is su""icient i" such an impression was created in the mind o" the ictim as to
cause reasonable apprehension that he was not "ree to deport and that he would be
"orthwith restrained$ i" he attempted to do so.
-i/ A causes E to go within a walled space$ and locks E in. A is thus preented "rom
proceeding in any direction beyond the circumscribing line o" wall. A wrong"ully con"ines E
4%RCE: SECTI%0 $31
Di&&erence +etween &orce2assa'lt2criminal &orce2h'rt
1. A aims a stic) at .: 4orce is 'sed
!5 I& it ca'ses &ear in the mind o& .: Assa'lt has +een committed
;Apprehension o& violence witho't ph*sical contact in the mind o& .<
$5 Stic) hits . : Criminal &orce has +een committed
;Action o& the wrong doer completed<
35 In-'r* ca'ses +odil* pain: ='rt
#he term "orce means an e:ertion o" energy producing a change in the outer world. #he
section de"ines "orce in relation to a human being and not against an inanimate ob5ect.
Durther it may be e:ercised directly or indirectly.
4or e,ample: I" A raises a stick to strike & and the later moes away$ A is said to use "orce
within the meaning o" this section.
#he "ollowing are the ingredients o" this section:
1. #he causing o" motion
2. ,hange o" motion
(. ,essation o" motion
As bring that substance in to contact with:
1. Any part o" that others body
2. with anything that the other is wearing or carrying
(. 'ith anything l so situated that such contact a""ects that other9s sense o"
"eeling.
Proided that the person causing such motion$ change o" motion$ or cessation o" motion
causes it:
1. by his own bodily power
2. &y disposing any substance in such a manner that the motion$ or change o"
motion or cessation o" motion takes place without any "urther act on his part
or on the part o" any other person.
(. &y inducing any animal to moe$ to change its motion or to cease to moe.
Section $7": Criminal 4orce: A "orce becomes criminal "orce when it is caused:
1. Intentionally against any person
2. without the persons consent
(. #o commit an o""ence
). 'ith the intention to cause or knowing it to be likely to cause in5ury$ "ear or
annoyance to the person to whom it was caused.
#he nature and e:tent o" the o""ence will depend upon the o""ender9s intention$ or knowledge$
or the likelihood o" causing in5ury$ "ear or annoyance. ,riminal "orce must be directed against
a person and not against a thing. &reaking open a lock is no use o" criminal "orce. It may be
used either directly or indirectly$ causing in5ury$ "ear or annoyance to that person.
4or e,ample:
-i/ A throws a stone$ intending or knowing it to be likely that the stone will be thus
brought in to contact with E or with E9s clothes$ or with something carried by E$ or that it will
strike water and dash up the water against E9s clothes or something carried by E. *ere i" the
throwing o" the stone produces the e""ect o" causing any substance to come into contact with
E$ or E9s clothes. A has used "orce to EF and i" he did so without E9s consent intending
thereby to in5ure$ "righten or annoy E$ he has used criminal "orce to E.
-ii/ A incites a dog to spring upon E without E9s consent. *ere i" A intends to cause in5ury$
"ear or annoyance to E$ he uses criminal "orce to E.
-iii/ A intentionally pulls up a woman9s eil. *ere$ he intentionally uses "orce to her. I" he
does it without her consent knowing it to be likely that he may thereby in5ure$ "righten or
annoy her$ he has used criminal "orce to her.
0at're o& o&&ence: 8on7cogni>able$ bailable$ compoundable and triable by magistrate
P'nishment: imprisonment o" either description "or three months or with "ine which may
e:tend to Rs.5001- or both.
Section $7#: Assa'lt
Assault consists o" an oert act$ or making gestures$ or a preparation intending$ or knowing it
to be likely that such gestures or preparations are with re"erence to the use o" criminal "orce
against the person. #o constitute an assault$ there must be some threatening physical act or
by which the o""ender intentionally causes another to apprehend that criminal "orce is about
to be used against him. #he most important thing about this o""ence lies in the e""ect which
the threat creates in the mind o" the ictim. In other words$ the prosecution must establish
the "ollowing two ingredients to prosecute a person "or assault.
Ingredients: It m'st +e proved that:
-i/ the accused made a gesture or preparation to use criminal "orce.
-ii/ the accused knew that it was likely that such gesture or preparation to use criminal
"orce would cause apprehension that such assault or use o" "orce would be doneF
and
-iii/ #hat no grae or sudden proocation was receied "rom the complainant.
Also to constitute the o""ence o" the use o" criminal "orce it is not necessary that the o""ender
had any particular implement in his hand.
Th's assa'lt is something less than the use o" criminal "orce$ the "orce being cut short
be"ore the blow actually "alls.
0at're o& o&&ence: 8on7cogni>able$ bailable$ compoundable and triable by !agistrate.
-i/ A shakes his "ist at E$ intending or knowing it to be likely that he may thereby cause E
to beliee that A is about to strike E$ A has committed an assault.
-ii/ A begins to unloose a "erocious dog$ intending or knowing it to be likely that he may
thereby cause E to beliee that he is about to cause the dog to attack E. A has
committed an assault upon E.
Distinction +etween assa'lt and +atter*: An assault is an act which intentionally or
possibly or recklessly 7 causes another person to apprehend immediate and unlaw"ul
iolence.
.atter* means the actual application o" unlaw"ul "orce$ howeer slight$ to another$ whether
directly or indirectly. &attery includes eery touching and laying hold on another person or
clothes in an angry$ reenge"ul$ rude$ insolent or hostile manner. ?en an act such as
striking a horse on which a man is riding so that he is thrown will amount to battery.
#he ,ode has classi"ied in"liction o" +odil* pain in to three categoriesF
-i/ Assault -ii/ ,riminal "orce -iii/ *urt.
P'nishment &or assa'lt: Imprisonment o" either description "or three months$ or with "ine
which may e:tend to =s.0%%B7 or both.