legal definition of injury ipc

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. ‘A’ has committed extortion. As to what intentions constitute criminal trespass enumerated in the section itself, and beyond these no other intention will constitute criminal trespass. there is wrongful obtaining of consent. A person who by willful misrepresentations or by willful concealment of a material fact, which he is bound to disclose, voluntary causes or procures or attempts to cause or procures a thing to be done, is said to instigate the doing of that things. EXCEPTIONS OR WHEN CULPABLE HOMICIDE IS NOT MURDER. 166A. The punishment for committing theft in Indian Penal Code under section 379 for offence of theft is an imprisonment which may extend to three years or with fine or both. There must be reasonable ground for the apprehension. The following are the essentials of this section regarding defamation:-. Question No. If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. The types of injury are bodily Pain, disease, infirmity etc. True statement : It is not defamation if any thing which is true concerning only person if it is for the public interest or welfare good. A knowing that Z is labouring under such disease that a blow is likely to cause his death, strike him with the intention of causing bodily injury, Z dies in consequences of blow. The burden of proof is on petitioner that a thing was taken away with the dishonest intention.However intention is a mental element which is difficult to prove but circumstantial evidences are considered for this purpose. Under kidnapping a person is kidnapped from lawful custody. Such force should be with a view to take a thing for property or valuable security or sign or seal or a document. Discuss. Person includes like editor or a journal, the printer or the writer of the articles in the paper. The deceased was scheduled to go to ‘Sadhu” on a particular day. Example:-  ‘A’ by instigation, voluntarily caused Z, ( a person under l8 years of age) to commit suicide. Imprisonment of maximum ten years, and shall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may be punished with imprisonment for life. In other words, not all intents of the offender will constitute criminal trespass but only those mentioned in the section. Here B may be guilty of no offence, but A has committed the offence of culpable homicide. EXAMPLE:- ‘A’ holds Z down, and fraudulently takes Z’s money and jewels from Z clothes without Z’s consent. https://crlreview.in/theft-sec-378-indian-penal-code-ipc-1860 Publication of defamatory statement must be intending to harm the reputation of another person:-  The information to cause harm is the most essential part of an offence under section 499 of IPC. More than 30% of these deaths were transport-related injuries. a) ‘A’ threatens to publish a defamatory libel concerning Z unless Z gives him money. It is a continuing offence. I. Property is taken away without the consent of the owner. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. It should be noted that the use of criminal force is not at all a necessary ingredient to constitute criminal trespass. Five exceptions have been provided u/s 300 wherein causing death does not amount to murder. Answer :-  A crime may be committed by one or more persons involved in crime then their liability depends upon the extent of their participation. ANS: The chief elements of extortion are the intentional putting of a person in fear of injury to himself or another and dishonestly inducing the person so put in fear to deliver to any person any property or valuable security. A committed Extortion. Mens Rea-  There can be no crime of any nature without mens rea or an evil mind. A person may be a legal owner of a property but if that property is in possession, legally valid or invalid, of another, it is possible for the owner to … Z dies in consequences. He thus induces Z to give him money. Question No.12: What is criminal trespass.? Hurt (Section 319): DIFFERENCE BETWEEN KIDNAPPING AND ABDUCTION: It is committed only in respect of a minor under 16 years of age if  a male and 18 years of age if a female, or a person of unsound. Answer- Section 97 says- every person has a right, subject to the restrictions contained in section 99, to defend: 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 11 of the Indian Penal Code says that word ‘person’ includes a company or association or body of persons whether incorporated or not. The death must be of that person who gave the provocation or any other person by mistake or accident. In fear of injury to himself or to any other person, i.e. Mens rea- evil intention 3. 3: Explain in detail the concept of Abetment. BY INSTIGATION ANY PERSON TO DO THAT THINGS: According to the first clause of section 107 a person abets of thing that instigates any  person to do that thing. By such act which creates weakness and if a man comes into contract of any disease then it will come under simple hurt. It was held that it was an intentional killing and Sec.300 (1) was applicable. What happens if a false case of 498A is proven is explicitly dealt in Section 182 of the IPC. However, the term ‘intent to defraud’ contains two elements, namely ‘deceit and injury’. It is not defamation to publish a substantial true report of the proceedings of court of justice. In case of Shanti Dev Barma v/s Kanchan Prava Devi 1991 Orissa,“it was held that no plea was raised that the second marriage was performed as per custom which dispensed with ‘saptapadi’ oral evidence was adduced that the accused and his alleged second wife were living as husband and wife. QuestionNo. 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 : An assault causing reasonable apprehension of death. The person doing the act must have exceeded in his right given to him by law and thereby caused death. In abduction intention is a very Important factor. Emasculation : The destruction of private organ of a human being is known as emasculation. Actus Reus [Guilty Act Or Omission] – The third essential element of a crime is actus reus. To any person who contracts a marriage during the life of a former husband or wife, if such husband or wife at the time of the subsequent marriage shall have been continually absent from such person life for the period of seven years, and shall not have been heard of by such person as being alive within that time, such marriage can takes place. “Injury”.—The word “injury” denotes any harm whatever ille­gally caused to any person, in body, mind, reputation or proper­ty. Imprisonment up to ten years and also fine. Admission of marriage by the accused is not the evidence of it in bigamy. ‘A’ has committed extortion. Such an agreement is designated/made a criminal conspiracy. If the former marriage is concealed from the person with whom the subsequent marriage is contracted, the punishment is ten years or fine or both. The word ‘person’ includes artificial or judicial persons. b) To insult, annoy or to intimidate any person in possession of the property. 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. Fracture of any bones comes under grievous hurt. Actus reus is the manifestation of mensrea. This has two essentials : (i)    Convey any person beyond the limits of India. In Case of Dashrath Paswan V/s State 1958, the accused could not passed the Xth Class examination for three years in a row and become frustrated and decided to commit suicide and informed his wife who asked him to kill her first which he did, the exception was held to apply. Admission of the accused in a written statement that the parties married after the first marriage was dissolved & was not admissible. The expression “wrongful restraint” implies keeping a man out of a place where he wishes and has a right to be. In kidnapping consent of the person enticed is immaterial. The offence of criminal trespass can only be committed against the person who is in actual physical possession of the property. The word lawful guardian here means any person lawfully interested with care or custody of such minor or other person. Sections 24, 43 and 44 of IPC, respectively defines the terms, dishonestly, illegally and injury. Section 97 of IPC defines that the right of private defence of the body and of property? It provides that section 494 does not extend :-. Come onboard. 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. B knowing that fact and also that C is not X, willfully represents to A that C is X and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. In case of Gurbachan Singh v/s Sat Pal Singh, AIR- 1990. Distinguish between Kidnapping & Abduction. When there is an such hurt which endangers to life or which causes paid continuously for a period of 20 days. Further, the property must be delivered by the person who is threatened. Definition of criminal conspiracy. Defamation is a crime against the reputation of a person. It is not defamation to perform in good faith, an accusation against any person to any of these who has lawful authority over that person with respect to subject matter or within this exception. It says some overt act or illegal omission must take place in pursuance of the guilty intention. Section 499 of IPC provides that whoever by words, spoken or written or by sign or by visible representation, makes or publishes any imputation concurring any person invading to harm or knowing or having reason to believe that such imputation will harm the reputation of such person is said, except in the case of hereinafter accepted, to defamed that person. A sees a ring belonging to Z lying on the table in Z’s house. A person can become an abettor in two ways:-. There is the element of force, property is obtained by putting a person in fear of injury to that person, or to any other. ‘A’ is the paramour of Z’s wife and she gives A, the valuable property, which  A knows that these belongs to her husband Z, although she has not authority from Z to give the same. Such property must be taken away without the consent of such person. The criminal trespass can be done even in the absence of owner of property. This rule is very ancient and was applied in Hindu Law also. Wrongful confinement is Form of wrongful restraint It is keeping a man within   limits out of which he wishes to go and has a right to go. Such movable property must be taken away. — Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence. Guardian consent :- The kidnapping must be without the consent of the guardian. PUBLICATION: Publication of the defamatory statement is essential. Endanger to life mean there must be death from such hurt. EXAMPLE:- ‘ A ‘ instigates B to instigate C to murder Z. Section 99 of IPC says- There is however no right of private defence: The right of private defence provided by section 97 IPC is a right of protection and not of aggression. Delivery of property or valuable security by the person put in fear is the essence of the offence of extortion. Question No.16:- Discuss the ingredients of theft with the help of decided case? The last of the basic elements of crime is an injury. B fires and kills Z. There are some explanations attached to this section:-, Following are the exceptions to this offence :-. It is sufficient that there was reason to believe that the imputation made would harm the reputation. A Wrongful restraint is keeping a man out of a place where he wishes to go and has a right to be. Adultery is said to be committed when man engaged In sexual intercourse with married woman, Rape is said to be committed when engaged in sexual intercourse without the consent of the woman. ‘A’ threatens Z that he will keep Z’s child in wrongful confinement unless Z will sign and deliver to A. Question No. Person definition - natural and legal person 2. It can be committed on any woman, Married woman or widow. The offender’s intention is to take away something without the owner’s consent. spoken words lowers the reputation of a person then it is called defamation. Even in the case of a married woman the adulterer is not liable if the husband consents to it. 6: What do mean by kidnapping? Subject matter of theft is always a movable property. The property must be in the actual possession of another person. To any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction. He had done an act towards the commission of theft, and therefore is guilty under this section. In Case of State v/s Jodha Singh 1989, A quarrel between accused and the deceased parties changed in to a sudden fight in which weapon were used by both parties resulting in injuries on both sides and death of the deceased. 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. It was held that the act was done in sheer frustration and anger and so his liability was based on section 299(2) of IPC. In this sense, therefore, these five exceptions are partial defences to murder thus following are the exceptions:-, Culpable homicide is not murder if the offended, who deprived of the self control by grave and sudden provocation, causes the death of a person, who gave the provocation or causes the death of any other person by mistake or accident. 4 :-The abetment of an offence being an offence the abetment of such an  abetment is also an offence. The act must have been done without any malafide intention towards the person whose death is caused. Rewarm v. the State of MP A wrongfully confines Z. Question No. Simultaneously the punishment for the commitment of act of theft has also been defined in Section 379 of IPC. Property is obtained by putting a person under fear of injury and thereby, inducing him to part with his property. 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. Any thing taken from a person at the point of pistol is an example of extortion. Sridharan Sathesan V/s State of Keral 1995:-. 299 of the IPC which is as under : When culpable homicide amounts to murder: According to sec.300 of IPC  except the exceptions culpable homicide is murder, it the act by which death is caused with the intention of causing death, or. The Indian judiciary system, though supports woman and children in many ways, does not neglect justice to anyone who takes advantage of any law with a malafide intention. Privation of any member or joint: Privation of any member or joint also comes under grievous hurt. It is not necessary that the owner of the property be present there. Punishment regarding attempt to murder is mentioned under Section 307 of IPC. EXLPLANATION No.1 :- The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. A believing in good faith that he can by no other mean, prevent himself from being horsewhipped shoots Z and kills. It should be taken dishonestly and without the consent of the  owner. Explanation No. The eye and ears are the main functional organs of a human being. The wife told the accused about this program even though she knew that the accused was waiting for the opportunity to kill her husband and taking the opportunity he killed him. The entry upon the property of another relates to immovable corporeal property and not incorporeal property such as a right of ferry or fishery. DISHONEST INTENTION IS MEASURED FROM THE CIRCUMSTANCES AND FACTS OF EACH CASE. 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.”. It should be such so as to overpower the will of the person on whom it is exercised in such a way that the act (the act of delivery) does not remain voluntary, i.e., it affects the free consent of the person put under fear. 8: What do you mean by Extortion? © Copyright 2015 © LawOrdo.com || Call : +91 9625063335. This exception was held to be applicable. Section 107 defines ‘abetment of things’ and section 108 defines the abettor. , intending that the 1[document or electronic record forged] shall be used for cheating, shall be punished with imprisonment of either de­scription for a term which may extend to seven years, and shall HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING HER TO CRUELTY :-. The term ‘injury’ as defined under Section 44 of the IPC includes only such harm as may be caused illegally to a person’s mind, body, reputation or, property. Section 390 of IPC provides extortion is ‘robbery’ if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, or instant hurt, or of instant wrongful restraint to that person, or to some other person, and by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. To any other Person : The hurt must be caused to any other person not to himself. EXAMPLE:   Y gives grave and sudden provocation to A. Discuss in detail. How far are attempts to commit offences punishable under section 511 of IPC? Section 319 to 338 of Indian Penal Code deals with hurt and Grievous Hurt in various forms. 9 :-What are the ingredients of the offence of “Bigamy”? If an animal causes an injury we hold not the animal liable but its owner liable for such injury. If the former marriage is concealed from the person with whom the subsequent marriage is contracted, the punishment is ten years or fine or both. For the application of this exception the following conditions must be fulfilled :-. 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. 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. They have is an important role in the life. It was held they had excluded their right of private defence in good faith and so exception N’s was available to them. Section 383 of IPC runs as follows- Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits “extortion”. Therefore the right commences and continues as long as danger to body lasts. written words or by salener i.e. Applicability of I.P.C.-territorial and personal UNIT-II Element of Criminal Liability 1. It is a more serious offence punishable with imprisonment simple or rigorous extending to  one year or fine up to Rs.1000/-. ‘A’ obstruct a path along which Z has a right to pass. A person is restrained from moving     Beyond a certain area within which he is confined. Dishonestly or fraudulently going through a marriage ceremony knowing that no lawful marriage is hereby created Bigamy i.e. Such property must be taken away dishonesty. Punishment for EXTORTION under section 384 of IPC,” Whoever commits extortion, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both. If you’re as passionate about career growth as you are about helping others, you’ll fit right in with us. Of these deaths were transport-related injuries or rigorous extending to one month or with.! Crime, these are the main functional organs of a human being or a journal the. 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