OFFENCE AGAINST HUMAN LIFE (SEC 349-377)

  1. Criminal force and assault (Section 349- 358)
  • Force (Section 349): the section lays that a person is said to use force to another if he causes motion, with anything which that other is carrying or with anything so situated that such contact affects that other’s sense of feeling.
  • Assault (Section 351): This section defines any expression or preparation intending, or knowing it to be likely, that such gesture or preparation will cause any person present to use criminal force to the latter, is alleged to commit an assault.

Some aggravated forms of assault:

  • Section 353: to stop a public servant from discharging his duty.
  • Section 354: to a woman with intent to outrage her modesty.
  • Section 355: with intent to dishonor a person.
  • Section 356: in attempting theft.
  • Section 357: to a person, in attempting wrongfully to confine that person.
  • Assault with intent to outrage the modesty of a woman (Section 354).
  1. Kidnapping, Abduction, Sale of minors, slavery and forced labor
  1. Kidnapping from India (Section 359-360 and 363): any person beyond the limit of India, without the consent of that person or of some person legally authorized to consent on behalf of that person.
  2. Abduction (Section 362)

It means intention to commit an offence is penalized. Abduction with the intention to rob or to murder becomes an offence. Two essentials of abduction are one is forcible compulsion or inducement and second is the object of such compulsion or inducement must be to make the person go from any place.

  1. Kidnapping from lawful guardianship (Section 361-363) means
  • A minor male who is under 16 years of age
  • A minor female who is under 18 years of age
  • A person of unsound mind
  1. Slavery and Trafficking (Section 370-371)

This section covered the offences which are given below:

  • Trafficking of a person
  • Exploitation of a trafficked persons
  • Habitual dealing in slaves
  1. Sale or purchase of minors for immoral purposes (Section 372-373)
  2. Unlawful compulsory labor ( Section 374) 
  1. Section 375- Offence of Rape

Section 375 of the Indian Penal Code states that, Sexual Intercourse with women without her consent is an offence of rape.

  1. Against her will or consent.
  2.  With her consent, but when someone forcing and doing it forcefully and she agreed in fear of death or of hurt.
  3.  With her consent but when the man knows that he is not her husband and the girl believes that she is lawfully married to him and gives consent to him.
  4. With her consent but that time she was intoxicated or in the state of unsound mind.
  • Exceptions to Section 375 of Indian Penal Code:

(1) If a woman does not deny, then it will be regarded as the sexual activity.

(2) A medical procedure shall not be considered as an offence of rape.

(3) If wife is older than 18 years of age then Sexual intercourse by a man with his wife not considered as a rape.

Case Law- Tulsidas Kanolkar v. The State of Goa

Facts: 

In this the victim was not mentally stable and that’s the reason accused took advantage of her mental condition and has sexual intercourse.no one was aware about this even not her family also. When the girls found pregnant then family knows about incident and the case was filed against accused.

Judgment:

The judgment was passed in favor of victim. And he was held liable that he took advantage of her condition. In such incident no question of consent arises. He was liable for punishment with fine of rs. 10000 and 10 years of imprisonment.

  1. Unnatural offence (Section 377)

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment for life or for 10 years and fine.

This section provides punishment for what is called as sodomy, buggery and bestiality.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Create your website with WordPress.com
Get started
%d bloggers like this: