Chapter 23: Trauma in its Medicolegal View Points

Murder

the gravest form of culpable homicide

Hurt

Defined as causing bodily pain, disease, or infirmity to a person.

Grievous Hurt

a more serious kind of hurt and is a specific hurt, inflicted voluntarily to another person and comprise any of the eight kinds (clauses).

Clause 1

Emasculation — depriving a male, of masculine vigor.

Injury

defined as any harm whatsoever illegally caused to any person in body, mind, reputation, or property

Hurt

defined as causing bodily pain, disease, or infirmity to a person

Grievous Hurt

a more serious kind of hurt and is a specific hurt, inflicted voluntarily to another person and comprise of any of the eight kinds (clauses) enumerated below

Clause 2

Permanent privation of the sight of either eye

Clause 3

Permanent privation of the hearing of either ear

Clause 4

Privation of any member or joint

Clause 5

Destruction or permanent impairment of powers of any member or joint

Clause 6

Permanent disfigurement of head or face

Clause 7

Fracture or dislocation of bone or tooth

Clause 8

Any hurt which endangers life or which causes the sufferer to be, during the period of 20 days, in severe bodily pain or unable to follow his or her ordinary pursuits

Section 324 of IPC

Punishment for voluntarily causing hurt by dangerous weapons or means-imprisonment up to three years or a fine or with both

Section 325 of IPC

Punishment for voluntarily causing grievous hurt -imprisonment up to seven years and fine

Section 326 of IPC

Punishment for voluntarily causing grievous hurt by dangerous weapons or means-life imprisonment or imprisonment up to for ten years and fine

Dangerous Weapon

Instruments used for shooting, stabbing, or cutting or any other instrument which is used as a weapon of offense is likely to cause death, and constitute dangerous weapons

Means Causing Hurt or Grievous Hurt

Fire, heated substances, a poison or corrosives, or explosives, or any substance deleterious to the body to inhale, swallow, or received into the blood or by means of animal constitute means causing hurt or grievous hurt

Homicide

causing the death of one person, by the act of another

Culpable homicide of first degree

the gravest form of culpable homicide also called ‘murder

Culpable homicide of the second degree

punishable under the first part of Section 304, IPC

Culpable homicide of the third degree

the lowest form of culpable homicide punishable under the second part of Section 304, IPC

Punishment for abetment of suicide

The person abetting the suicide of another person shall be punished with imprisonment for up to 10 years and shall also be liable to a fine

Attempt to commit suicide

If any act towards the commission of suicide is done, the punishment is imprisonment for up to one year, or fine, or both

Clause 2

Permanent privation of the sight of either eye

Clause 3

Permanent privation of the hearing of either ear.

Clause 4

Privation of any member or joint.

Clause 5

Destruction or permanent impairment of powers of any member or joint.

Clause 6

Permanent disfigurement of head or face.

Clause 7

Fracture or dislocation of bone or tooth.

Clause 8

Any hurt which endangers life or which causes the sufferer to be, during the period of 20 days, in severe bodily pain or unable to follow his or her ordinary pursuits.

Section 323 of IPC

Punishment for voluntarily causing hurt – imprisonment up to one year or with a fine up to Rs. 1000 or both.

Section 324 of IPC

Punishment for voluntarily causing hurt by dangerous weapons or means–imprisonment up to three years or a fine or with both.

Section 325 of IPC

Punishment for voluntarily causing grievous hurt –imprisonment up to seven years and fine.

Section 326 of IPC

Punishment for voluntarily causing grievous hurt by dangerous weapons or means—life imprisonment or imprisonment up to for ten years and fine.

*Dangerous Weapon*

Instruments used for shooting, stabbing, or cutting or any other instrument which is used as a weapon of offense is likely to cause death, and constitute dangerous weapons.

Culpable or Unlawful Homicide

* With an intention of causing death or
* With the intention of causing such bodily injury as is likely to cause death or
* With the knowledge that he is likely to cause death by such act.

Culpable homicide of first degree

the gravest form of culpable homicide also called ‘murder’.

murder

the gravest form of culpable homicide

Culpable homicide of the second degree

Punishable under the first part of Section 304, IPC.

Culpable homicide of the third degree

The lowest form of culpable homicide punishable under the second part of Section 304, IPC.

Punishment for abetment of suicide

The person abetting the suicide of another person shall be punished with imprisonment for up to 10 years and shall also be liable to a fine.

Attempt to commit suicide

If any act towards the commission of suicide is done, the punishment is imprisonment for up to one year, or fine, or both.