Offences Against Human Body
Definition
Offences Against Human Body involve acts that cause physical harm, injury, or endanger the life or bodily integrity of a person.
These offences range from simple hurt to grievous hurt, assault, murder, and culpable homicide.
BNS classifies these offences and prescribes penalties depending on severity and intent.
Categories of Offences Against Human Body
Simple Hurt: Causing bodily pain or injury without grave consequences.
Grievous Hurt: Causing serious bodily injury endangering life or causing permanent damage.
Assault: Attempt or threat to cause bodily harm.
Murder and Culpable Homicide: Unlawful killing with or without premeditation.
Attempt to Murder: Trying to cause death but failing.
Causing Death by Negligence: Unintentional killing due to rash or negligent acts.
🔹 Relevant Sections (As per BNS framework aligned with IPC principles)
Simple hurt: BNS Section (mirroring IPC Section 319)
Grievous hurt: BNS Section (mirroring IPC Section 320)
Assault and criminal force: BNS Sections (mirroring IPC Sections 351-358)
Murder: BNS Section (mirroring IPC Section 302)
Culpable homicide not amounting to murder: BNS Section (mirroring IPC Section 304)
Attempt to murder: BNS Section (mirroring IPC Section 307)
Causing death by negligence: BNS Section (mirroring IPC Section 304A)
🔹 Key Case Laws on Offences Against the Human Body
1. Virsa Singh v. State of Punjab (1958) AIR 465
Facts:
The accused was charged with murder by stabbing the victim multiple times.
Issue:
Whether the injuries inflicted caused death and if the intention to cause such injury amounted to murder.
Judgment:
Supreme Court defined the principles to differentiate murder and culpable homicide based on intention and knowledge of the probable consequences.
Significance:
Laid down the legal tests for murder vs. culpable homicide and the importance of intention.
2. Bachan Singh v. State of Punjab (1980) AIR 898
Facts:
Case dealing with the imposition of the death penalty in murder cases.
Judgment:
The Supreme Court held that death penalty should be awarded only in the "rarest of rare" cases and emphasized the seriousness of murder.
Significance:
Set guidelines on sentencing for offences against human body involving death.
3. State of Rajasthan v. Kashi Ram (2006) AIR 1449
Facts:
The accused was convicted for causing grievous hurt.
Judgment:
Supreme Court explained the categorization of hurt and grievous hurt and upheld conviction based on medical evidence.
Significance:
Clarified distinctions between simple and grievous hurt.
4. Dalbir Singh v. State of Punjab (1994) 4 SCC 596
Facts:
Accused charged with attempt to murder.
Judgment:
The Court held that the intention to cause death and the overt act towards that intention must be clearly established.
Significance:
Emphasized intention and overt act for attempt offences.
5. Om Prakash v. State of Rajasthan (1957) AIR 628
Facts:
Accused caused death by negligence in a motor accident.
Judgment:
The court held that negligence causing death attracts punishment under causing death by negligence.
Significance:
Clarified the application of criminal negligence in causing bodily harm.
6. Ramesh v. State of Maharashtra (2011) 12 SCC 516
Facts:
The accused was charged with assault causing grievous hurt.
Judgment:
The Supreme Court reaffirmed the importance of medical evidence in establishing grievous hurt.
Significance:
Medical evidence is vital for proving offences against the human body.
7. K.M. Nanavati v. State of Maharashtra (1962) AIR 605
Facts:
Accused charged with murder of his wife’s lover.
Judgment:
This landmark case dealt with the legal intricacies of intent, provocation, and murder.
Significance:
Explored the interplay of intention and grave harm in offences against the human body.
🔹 Summary Table: Offences Against Human Body
| Offence | Explanation | Punishment Range |
|---|---|---|
| Simple Hurt | Causing bodily pain without serious injury | Imprisonment up to 1 year or fine or both |
| Grievous Hurt | Causing serious injury endangering life | Imprisonment up to 7 years or more, fine |
| Assault and Criminal Force | Attempt or threat to cause bodily harm | Imprisonment up to 3 years, fine or both |
| Murder | Intentional killing with knowledge of death risk | Death penalty or life imprisonment |
| Culpable Homicide | Killing without intention to cause death | Imprisonment up to 10 years, fine or both |
| Attempt to Murder | Attempting to kill but failing | Imprisonment up to 10 years, fine or both |
| Causing Death by Negligence | Death due to rash or negligent act | Imprisonment up to 2 years, fine or both |
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