Section 320 indian penal code. Compounding of Offences 2022-10-25
Section 320 indian penal code
Section 320 of the Indian Penal Code pertains to the offense of causing grievous hurt. According to this section, whoever causes bodily injury to another person that is sufficient to cause permanent disability or disfigurement, or that is likely to cause death, is said to have caused "grievous hurt."
Grievous hurt is a serious offense under Indian law, and is punishable with imprisonment for a term of up to seven years, along with a fine. The punishment may be increased if the offense is committed with the use of a deadly weapon or if it is committed on a person who is unable to defend themselves, such as a child or a disabled person.
There are several types of injuries that may be considered "grievous" under this section, including fractures, dislocations, and wounds that are likely to cause death. The determination of whether an injury is "grievous" is often made on a case-by-case basis, taking into consideration the specific circumstances of the injury and the extent of the harm caused.
It is important to note that section 320 of the Indian Penal Code only applies to cases where the injury is caused intentionally or with the knowledge that the injury is likely to be caused. If the injury is accidental or unintentional, it may still be considered a criminal offense under other sections of the code, but it would not fall under the offense of causing grievous hurt as defined in section 320.
In conclusion, section 320 of the Indian Penal Code is a significant provision that criminalizes the intentional or knowing causing of serious bodily injury or disfigurement to another person. This offense is punishable with imprisonment and a fine, and the punishment may be increased in certain circumstances.
Section 320 of the Indian Penal Code
For example, an individual harms a police officer to prevent him from arresting his friend. This article focuses on Section 320 of the Indian Penal Code which discusses the concept of grievous hurt, in detail. Using a false trade or property mark. EXPLANATION TOSECTION 320 IPC As it has already been mentioned, the authors of this code found that it would be difficult to have a precise definition or even draw a line between bodily hurts that are serious in nature and those which a slight or simple but they did recognise the fact that it was very crucial even if not perfect but it would be essential and helpful to punish those who engage in causing harm to someone else. Voluntarily causing grievous hurt on grave and sudden provocation. The first one is injury, it is said to endanger the life of an individual as it might put the life of the one being harmed in danger. House trespass 448 Ditto House-trespass to commit an offence other than theft punishable with imprisonment.
Compounding of Offences
The permanent damage, in this case, needs to involve a type of damage that results in the permanent stiffness of the member of the joint and hinders the everyday functioning which is assigned to the human body structure. House-trespass to commit an offence other than theft punishable with imprisonment. Another very important thing to note is that this Section consists of various types of injuries to different parts of the body and these are very different in their nature and have different impacts on the body. Assault or use of criminal force. The offences punishable under the sections of the Indian Penal Code 45 of 1860 specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table: Offence IPC Section Compoundable By 1 2 3 Causing miscarriage. Section 319 and 320 of Indian Penal Code 1860 Hurt and Grievous Hurt under Indian Penal Code are defined under Section 319 and 320 of Indian Penal Code 1860.
Section 320 IPC
Voluntarily causing hurt on provocation. In this case however, the court did not quash the proceedings. In cases like these, the patient is supposed to be examined by an ENT specialist, and their findings are taken into account by the court. There is no particular definition of the term grievous here but it can be explained add something which is very dangerous to the body or the life of an individual. The court stated that it is not the duty of the court but the prosecution to ensure that the alleged weapon of offence if it is available then it is shown to the medical witness and then his opinion should be taken to understand whether any or even all of the injuries on the victim could have been caused with that weapon and in cases where they fail to do so, then it can cause aberration in the Court of Justice.
Section 320 of the Indian Penal Code: Latest News & Videos, Photos about Section 320 of the Indian Penal Code
However, before the charge sheet was filed, the parties had arrived at a settlement and wanted to quash the criminal proceedings against the defendant. Theft, by clerk or servant of property in possession of master. While the code was being drafted the experts of that time felt that it was very hard to draw a line between substantial damages that were more serious in nature as compared to the others, and it was impossible to create boundaries within these. It depends on the offence which is committed. The World Health Organization WHO had earlier warned that the syrup may be linked to the deaths of children in Gambia following which Haryana drug authorities sent the samples of four cough syrups manufactured by the Sonipat-based firm to the Central Drugs Laboratory in Kolkata for examination. Assisting in the concealment or disposal of stolen property, knowing it to be stolen.
IPC Section 320
This clause was inserted to counteract the practice which was very common in India for a woman to squeeze the testicles of a man at the slightest provocation. Lawtendo is a platform for you to help in. No compromise can happen under any circumstance. Enticing or taking away or detaining with criminal intent a married woman. The concept of hurting or harming someone is something that is not only prohibited by law but even our religious scriptures consider it to be wrong. Printing or engraving matter, 501 Ditto Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter.
Section 320 Code of Criminal Procedure,1973
Rioting armed with deadly weapon 148 The person against whom the force or violence is used at the time of committing an offence: Provided that the accused is not charged with other offence which is not compoundable. The different types of hurts are as follows: i Emasculation —This clause is only applicable to men and it means to render a man impotent. CBI- The ruling laid down in B. In cases like these, the law does not discriminate on the basis of the gravity of the situation or the gravity of the disfiguration on the basis of the personal life of the individual or their career or age or sex etc. Dishonestly receiving stolen property knowing it to be stolen. Wrongfully confining a person for three days or more 343 The person confined.
Section 320 Of The Indian Penal Code: Latest News, Videos and Photos of Section 320 Of The Indian Penal Code
However, the parties reached a settlement amicably and thereafter requested the High Court to quash the proceedings by virtue of its inherent powers under section 482 CrPC. The high court acts like a court of appeal wherein the court looks at whether any injustice as to the jurisdiction, points of law, abuse of power by the lower court etc. Enticing or taking away or detaining with criminal intent a married woman. Seventhly —Fracture or dislocation of a bone or tooth. It also indicated that juveniles who lived with their parents were more involved in criminal offences as compared with those who lived with their guardians. When we talk about hurt and the concept of hurt in our legal system, a major question that arises is, why has the concept of mental hurt and psychological injuries not taken into consideration? The fracture or the dislocation need not cause any permanent disability but this injury is labelled as a grievous hurt because of the intense pain and suffering that is caused to an individual and it can also lead to a sudden disability which can be offered temporary nature.
IPC 319, 320 Indian Penal Code
State of Haryana- In this case, the accused were charged with offences which were NON-COMPOUNDABLE in nature. Trial stops after the compromise has been reached at. It might seem like a very simple and a sorted Section and the concept of law initially, but when you try to look at it from a different viewpoint is when you see that there is so much more to it. Some other types of this can be: Damage in the internal part of the ear caused by a slap, or When a quack or local cleaner pokes something into the ear in order to clean it and it ends up damaging the ear or injuries which affect the auditory nerve etc. Dishonest misappropriation of property. · No person other than the victim people mentioned in column 3 of each table are allowed to compound the offence. Adultery 497 The husband of the woman.
Section 320 in The Indian Penal Code
When we talk about Section 331 the only difference between Section 331 and Section 330 is that the former mentions the concept of grievous hurt instead of simple hurt and since grievous hurt is of a more severe nature, the punishment under this Section is also severe as it is imprisonment which can extend to a period of 10 years. In cases like these, the loss can be partial or even complete. The Supreme court laid down that just because of the technicality provided under section 320 with regards to when a party can file for quashing of proceedings and when a party can arrive at a compromise, the interests of justice cannot be ignored. Why is our legal system still ignorant of something which has become so crucial today? Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others 338 Ditto. Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. Section 34 pertains to the common intention of the parties and section 149 pertains to the common object of the parties. The offences punishable under the sections of the Indian Penal Code 45 of 1860 specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table: Offence IPC Section Compoundable By 1 2 3 Uttering words, etc.
Indian Kanoon CrPC Section 320
Criminal breach of trust by a carrier, wharfinger, etc. Even if in some cases where the offence is non-compoundable in nature, the High court can still quash the proceedings by virtue of section 482 in order to serve justice. Criminal breach of trust by a carrier, wharfinger, etc. · 320 3 - Says that if an offence which is compoundable in nature, i. It can however also arise from other weapons which are likely to cause death like explosives or poison etc. So, before a guardian can compound an offence on behalf of a minor, the permission of the court has to be taken.