Affecting the Human Body Unit 3

8/11/2019 Affecting the Human Body Unit 3

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Study Notes on Criminal Law 1 / Indian Penal Code(IPC) UNIT III

AFFECTIN T!E !U"AN #$%& IPC SECTI$NS ' 11

'* Cul+a,le -omi.ide

Whoever causes death by doing an act with the intention ofcausing death,or with the intention of causing such bodilyinjury as is likely to cause death, or with the knowledge thathe is likely by such act to cause death, commits the oenceof culpable homicide.

Illustrations

(a) A lays sticks and turf over a pit, with the intention ofthere by causing death, or with the knowledge that death islikely to be thereby caused. believing the ground to be!rm, treads on it, falls in and is killed. A has committed theoence of culpable homicide.

(b) A knows to be behind a bush. " does not know it A,intending to cause, or knowing it to be likely to cause #s

death, induces " !res and kills . $ere " may be guilty of nooence% but A has committed the oence of culpablehomicide.

(c) A, by shooting at a fowl with intent to kill and steal it, kills" who is behind a bush% A not knowing that he was there.$ere, although A was doing an unlawful act, he was notguilty of culpable homicide, as he did not intend to kill ", orto cause death by doing an act that he knew was likely tocause death.

E0+lanation 1A person who causes bodily injury toanother who is labouring under a disorder, disease or bodilyin!rmity, and thereby accelerates the death of that other,shall be deemed to have caused his death.

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E0+lanation 'Where death is caused by bodily injury, theperson who causes such bodily injury shall be deemed tohave caused the death, although by resorting to properremedies and skilful treatment the death might have been

prevented.

E0+lanation &he causing of the death of child in themother#s womb is not homicide. "ut it may amount toculpable homicide to cause the death of a living child, if anypart of that child has been brought forth, though the childmay not have breathed or been completely born.

22* "urder

'cept in the cases hereinafter ecepted, culpable homicideis murder, if the act by which the death is caused is donewith the intention of causing death, or

*ndly

+f it is done with the intention of causing such bodily injury asthe oender knows to be likely to cause the death of theperson to whom the harm is caused, or

rdly

+f it is done with the intention of causing bodily injury to anyperson and the bodily injury intended to be in-icted issucient in the ordinary course of nature to cause death, or

/thly+f the person committing the act knows that it is soimminently dangerous that it must, in all probability, causedeath or such bodily injury as is likely to cause death, andcommits such act without any ecuse for incurring the risk ofcausing death or such injury as aforesaid.

Illustrations

(a) A shoots with the intention of killing him. dies inconse0uence. A commits murder.

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5econdly&hat the provocation is not given by anythingdone in obedience to the law, or by a public servant in thelawful eercise of the powers of such public servant.

&hirdly&hat the provocations not given by anything done inthe lawful eercise of the right of private defence.

'planationWhether the provocation was grave andsudden enough to prevent the oence from amounting tomurder is a 0uestion of fact.

Illustrations

(a) A, under the in-uence of passion ecited by a

provocation given by , intentionally kills, 6, #s child. &his ismurder, in as much as the provocation was not given by thechild, and the death of the child was not caused by accidentor misfortune in doing an act caused by the provocation.

(b) 6 gives grave and sudden provocation to A. A, on thisprovocation, !res a pistol at 6, neither intending nor knowinghimself to be likely to kill , who is near him, but out of sight.A kills . $ere A has not committed murder, but merelyculpable homicide.

(c) A is lawfully arrested by , a baili. A is ecited to suddenand violent passion by the arrest, and kills . &his murder,inasmuch as the provocation was given by a thing done by apublic servant in the eercise of his powers.

(d) A appears as a witness before , a 7agistrate, saysthat he does not believe a word of A#s deposition, and that Ahas perjured himself. A is moved to sudden passion by thesewords, and kills . &his is murder.

(e) A attempts to pull #s nose, , in the eercise of the rightof private defence, lays hold of a to prevent him form doingso. A is moved to sudden and violent passion inconse0uence, and kills . &his is murder, inasmuch as the

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provocation was given by a thing done in the eercise of theright of private defence.

(f) strikes ". " is by this provocation ecited to violentrage. A, a bystander, intending to take advantage of "#srage, and to cause him to kill , puts a knife into "#s hand forthat purpose. " kills with the knife. $ere " may havecommitted only culpable homicide, but A is guilty of murder.

'ception*3ulpable homicide is not murder if the oender,in the eercise in good faith of the right of private defence ofperson or property, eceeds the power given to him by lawand causes the death of the person against whom he iseercising such right of defence without premeditation, and

without any intention of doing more harm than is necessaryfor the purpose of such defence.

Illustration

attempts to horsewhip A, not in such a manner as to causegrievous hurt to A. A draws out a pistol. persists in theassault. A believing in good faith that he can by no othermeans prevent himself from being horsewhipped, shoots dead. A has not committed murder, but only culpable

homicide.

'ception 3ulpable homicide is not murder if theoender, being a public servant or aiding a public servantacting or the advancement of public justice, eceeds thepowers given to him by law, and causes death by doing anact which he, in good faith, believes to be lawful andnecessary for the due discharge of his duty as such publicservant and without ill2will towards the person whose death

is caused.

E0.e+tion 83ulpable homicide is not murder if it iscommitted without premeditation in a sudden !ght in theheat of passion upon a sudden 0uarrel and without theoenders having taken undue advantage or acted in a cruelor unusual manner.

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E0+lanation+t is immaterial in such cases which partyoers the provocation or commits the !rst assault.

E0.e+tion 93ulpable homicide is not murder when theperson whose death is caused, being above the age ofeighteen years, suers death or takes the risk of death withhis own consent.

Illustration

A, by instigation, voluntarily causes, , a person undereighteen years of age to commit suicide. $ere, on account of#s youth, he was incapable of giving consent to his owndeath% A has therefore abetted murder.

21* Cul+a,le -omi.ide ,y .ausin7 deat- o6 +ersonot-er t-an +erson w-ose deat- was intended

+f a person, by doing anything which he intends or knows tobe likely to cause death, commits culpable homicide bycausing the death of any person, whose death he neitherintends nor knows himself to be likely to cause, the culpablehomicide committed by the oender is of the description ofwhich it would have been if he had caused the death of the

person whose death he intended or knew himself to be likelyto cause.

2'* Punis-ment 6or murder :

Whoever commits murder shall be punished with death, or89imprisonment for life: and shall also be liable to !ne.

8. 5ubs.by Act *; of 8and sch. for?transportation for life@(w .e. f.8.8.8


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8. 5ubs. by Act *; of 8 and sch., for?transportation for life@ (W.e.f.82828B, sec.8*.

1;28#* %owery deat- :

(8) Where the death of a woman is caused by any burns orbodily injury or occurs otherwise than under normalcircumstances within seven years of her marriage and it isshown that soon before her death she was subjected tocruelty or harassment by her husband or any relative of herhusband for, or in connection with, any demand for dowry,

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such death shall be called ?dowry death@ and such husbandor relative shall be deemed to have caused her death.

E0+lanation::

4or the purpose of this sub2section, ?dowry@ shall have thesame meaning as in section * of the Cowry Drohibition Act,8


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hurt is caused to any person by such act, the oender shallbe liable either to 89imprisonment for life:, or to suchpunishment as is hereinbefore mentioned.

Attem+ts ,y li6e .on4i.ts

* when any person oending under this section is undersentence of 89imprisonment for life: he may, if hurt iscaused, be punished with death:.

Illustrations.

(a) A shoots at with intention to kill him, under suchcircumstances that, if death ensued. A would be guilty of

murder. A is liable to punishment under this section.

(b) A, with the intention of causing the death of a child oftender years, eposes it is a desert place. A has committedthe oence de!ned by this section, though the death of thechild does not ensure.

(c) A, intending to murder , buys a gun and loads it. A hasnot yet committed the oence. A !res the gun at . $e hascommitted the oence de!ned in this section, and if by such

!ring he wounds , he is liable to the punishment providedby the latter part of 9the !rst paragraph of : this section.

(d) A, intending to murder by poison, purchases poison andmies the same with food which remains in A#s keeping% Ahas not yet committed the oence de!ned in this section. Aplaces the food on # s table or delivers it to #s servant toplace it on #s table. A has committed the oence de!ned inthis section.

8. 5ubs. by Act *; of 8 and 5ch., for?transportation for life@ (w.e.f. 82828 of 81>B, sec. 88.

. +ns. "y Act 8* of 81


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2>* Attem+t to .ommit .ul+a,le -omi.ide

Whoever does any Act with such intention or knowledge andunder such circumstances that, if he by that Act causeddeath, he would be guilty of culpable homicide not amountto murder, shall be punished with imprisonment of eitherdescription for a term which may etend to three years, orwith !ne, or with both, and if hurt is caused to any person bysuch Act, shall be punished with imprisonment of eitherdescription for a term which may etend to seven years, orwith !ne, or with both.

Illustration

A, on grave and sudden provocation, !res a pistol at , undersuch circumstances that if he thereby caused death hewould be guilty of culpable homicide not amounting tomurder. A has committed the oence de!ned in this section.

2* Attem+t to .ommit sui.ide

whoever attempts to commit suicide and does any acttowards the commission of such oence, shall be punishedwith simple imprisonment for term which may etend to one

year 89 or with !ne, or with both:.

8. 5ubs. by Act 1 of 811*, sec.>, for ?and shall also be liableto !ne@.

12* T-u7

Whoever, at any time after the passing of this act, shall havebeen habitually associated with any other or others for thepurpose of committing robbery or child2stealing by means of

or accompanied with murder, is a thug.

11* Punis-ment

whoever is thug, shall be punished with 89imprisonment forlife: and shall also be liable to !ne.

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8. 5ubs. by Act *; of 8 and sch., for?transportation for life@ (w.e.f.82828


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a term may etend to ten years, and shall also be liable to!ne.

I6 a.t done wit-out womans .onsent

And if the act is done without the consent of the woman,shall be punished either with 89imprisonment for life: or withthe punishment above mentioned.

E0+lanation

+t is not essential to this oence that the oender shouldknow that the act is likely to cause death.

8. 5ubs. by Act *; of 8 and sch., for?transportation for life@ (w.e.f. 82828


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A, knowing that he is likely to cause the death of a pregnantwoman, does an act which, if it caused the death of thewoman, would amount to culpable homicide. &he woman isinjured, but does not die, but the death of an unborn 0uick

child with which she is pregnant is thereby caused. A isguilty of the oence de!ned in this section.

1=* E0+osure and a,andonment o6 .-ild undertwel4e years@ ,y +arent or +erson -a4in7 .are o6it*

Whoever being the father or mother of a child under the ageof twelve years, having the care of such child, shall eposeor leave such child in any place with the intention of wholly

abandoning such child, shall be punished with imprisonmentof either description for a term which may etend to sevenyears% or with !ne, or with both.

E0+lanation*:this section is note intended to prevent thetrial of the oender for murder or culpable homicide, as thecase may be, if the child die in conse0uence of eposure.

1>* Con.ealment o6 ,irt- ,y se.ret dis+osal o6 dead,ody*

whoever, by secretly burying or otherwise disposing of thedeath body of a child whether such child die before or duringits birth, intentionally conceals or endeavours to conceal thebirth of such child, shall be punished with imprisonment ofeither description for a term which may etend to two years,or with !ne, or with both.

$F !U?T

1* !urt*

Whoever causes bodily pain, disease or in!rmity to anyperson is said to cause hurt.

'2* rie4ous -urt*

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&he following kinds of hurt only are designated as ?grievous@

4irst. E 'masculation.

5econdly. E Dermanent privation of the sight of either eye.

&hirdly2 Dermanent privation of the hearing of either ear.

4ourthly. E Drivation of any member or joint.

4ifthly. 2Cestruction or permanent impairing of the powers ofany member or joint.

5ithly. E Dermanent dis!guration of the head or face.

5eventhly. E 4racture or dislocation of a bone or tooth.

'ighthly. E Any hurt which endangers life or which causes thesuerer to be during the space of twenty days in severebodily pain, or unable to follow his ordinary pursuits.

'1* oluntarily .ausin7 -urt*

Whoever does any act with the intention of thereby causinghurt to any person, or with the knowledge that he is likelythereby to cause hurt to any person, and does thereby causehurt to any person, is said ?voluntarily to cause hurt@.

''* oluntarily .ausin7 7rie4ous -urt*

Whoever voluntarily causes hurt, if the hurt which theintends to cause or knows himself to be likely to cause isgrievous hurt, and if the hurt which he causes is grievoushurt, is said ?voluntarily to cause grievous hurt@.

E0+lanation* :A person is not said voluntarily to causegrievous hurt ecept when he both causes grievous hurt andintends or knows himself to be likely to cause grievous hurt."ut he is said voluntarily to cause grievous hurt, if intendingor knowing himself to be likely to cause grievous hurt of onekind% he actually causes grievous hurt of another kind.

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Illustration

A, intending or knowing himself to be likely permanently todis!gure #s face, gives a blow which does notpermanently dis!gure #s face, but which cause to suersevere bodily pain for the space of twenty days. A hasvoluntarily caused grievous hurt.

'* Punis-ment 6or 4oluntarily .ausin7 -urt

whoever, ecept in the case provided for by section/,voluntarily causes hurt, shall be punished withimprisonment of either description for a term which mayetend to one year, or with !ne which may etend to one

thousand rupees, or with both.

'8* oluntarily .ausin7 -urt ,y dan7erous wea+onsor means

whoever, ecept in the case provided for by section/,voluntarily causes hurt by means of any instrument forshooting, stabbing or cutting, or any instrument which, usedas weapon of oence, is likely to cause death, or by meansof !re or any heated substance, or by means of any poison

or any corrosive substance, or by means of any eplosivesubstance or by means of any substance which it isdeleterious to the human body to inhale, to swallow, or toreceive into the blood, or by means of any animal, shall bepunished with imprisonment of either description for a termwhich may etend to three years, or with !ne, or with both.

'9* Punis-ment 6or 4oluntarily .ausin7 7rie4ous-urt

Whoever, ecept in the case provided for by section =,voluntarily causes grievous hurt, shall be punished withimprisonment of either description for a term which mayetend to seven years, and shall also be liable to !ne.

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'* Causin7 -urt ,y means o6 +oison@ et.* wit- intentto .ommit an oGen.e

Whoever administers to or causes to be taken by any personany poison or any stupefying, intoicating or unwholesomedrug, or other thing with intent to cause hurt such person, orwith intent to commit or to facilitate the commission of anoence or knowing in to be likely that he will thereby causehurt, shall be punished with imprisonment of either

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description for a term which may etend to ten years, andshall also be liable to !ne.

'* oluntarily .ausin7 7rie4ous -urt to e0tort+ro+erty@ or to .onstrain to an ille7al a.t

Whoever voluntarily causes grievous hurt for the purpose ofetorting from the suerer or from any person interested inthe suerer any property or valuable security, or ofconstraining the suerer or any person interested in suchsuerer to do anything that is illegal or which may facilitatethe commission of an oence, shall be punished with89imprisonment for life:, or imprisonment of eitherdescription for a term which may etend to ten years, and

shall also be liable to !ne.

8. 5ubs. by Act *; of 8 and sch., for?transportation for life@ (w.e.f. 82828


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(b) A, a police ocer, tortures " to induce him to point outwhere certain stolen property is deposited. A is guilty of anoence under this section.

(c) A, a revenue ocer, tortures in order to compel him topay certain arrears of revenue due from . A is guilty of anoence under this section.

(d) A, a Famindar, tortures a raiyat in order to compel him topay his rent. A is guilty of an oence under this section.

1* oluntarily .ausin7 7rie4ous -urt to e0tort.on6ession@ or to .om+el restoration o6+ro+erty*

Whoever voluntarily causes grievous hurt for the purpose ofetorting from the suerer or from any person interested inthe suerer any confession or any information which maylead to the detection of an oence or misconduct, or for thepurpose of constraining the suerer or any person interestedin the suerer to restore or to cause the restoration of anyproperty or valuable security, or to satisfy any claim ordemand or to give information which may lead to therestoration of any property or valuable security, shall be

punished with imprisonment of either description for a termwhich may etend to ten years, and shall also be liable to!ne.

'* oluntarily .ausin7 -urt to deter +u,li. ser4ant6rom -is duty

whoever voluntarily causes hurt to any person being a publicservant in the discharge of his duty as such public servant,

or with intent to prevent or deter that person or any otherpublic servant from discharging his duty as such publicservant, or in conse0uence of anything done or attempted tobe done by that person in the lawful discharge of his duty assuch public servant, shall be punished with imprisonment ofeither description for a term which may etend to threeyears, or with !ne, or with both.

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* oluntarily .ausin7 7rie4ous -urt to deter +u,li.ser4ant 6rom -is duty

Whoever voluntarily causes grievous hurt to any personbeing a public servant in the discharge of his duty as suchpublic servant, or with intent to prevent or deter that personor any other public servant from discharging his duty as suchpublic servant, or in conse0uence of anything done orattempted to be done by that person in the lawful dischargeof his duty as such public servant, shall be punished withimprisonment of either description for a term which mayetend to ten years, and shall also be liable to !ne.

8* oluntarily .ausin7 -urt on +ro4o.ation

Whoever voluntarily causes hurt on grave and suddenprovocation, if the neither intends nor knows himself to belikely to cause hurt to any person other than the person whogave the provocation, shall be punished with imprisonmentof either description for a term which may etend to onemonth, or with !ne which may etend to !ve hundredrupees, or with both.

9* oluntarily .ausin7 7rie4ous -urt on

+ro4o.ation

Whoever 89voluntarily: causes grievous hurt on grave andsudden provocation, if he neither intends nor knows himselfto be likely to cause grievous hurt to any person other thanthe person who gave the provocation, shall be punished withimprisonment of either description for a term which mayetend to four years or with !ne which may etend to twothousand rupees, or with both

E0+lanation

&he last two sections are subject to the same provisos as'planation 8, section BB. 8. +ns. by Act 1 of 811*, sec.1.

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* Causin7 7rie4ous -urt ,y a.t endan7erin7 li6e or+ersonal sa6ety o6 ot-ers

whoever causes grievous hurt to any person to doing any actso rashly or negligently as to endanger human life, or the

personal safety of others, shall be punished withimprisonment of either description for a term which mayetend to two years, or with !ne which may etend to onethousand rupees, or with both.

$F 3?$NFUL ?EST?AINT AN% 3?$NFULC$NFINE"ENT

* 3ron76ul restraint

Whoever voluntarily obstructs any person so as to preventthat person from proceeding in any direction in which thatperson has right to proceed, is said wrongfully to restrainthat person.

E0.e+tion

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&he obstruction of a private way over land or water which aperson in good faith believes himself to have lawful right toobstruct, is not an oence within the meaning of this section.

Illustration

A obstructs a path along which has a right to pass. A notbelieving in good faith that he has a right to stop the path. is thereby prevented from passing. A wrongfully restrains .

82* 3ron76ul .onHnement*

Whoever wrongfully restrains any person in such a manneras to prevent that person from proceedings beyond certain

circumscribing limits, is said ?wrongfully to con!ne@ thatperson.

Illustrations

(a) A causes to go within a walled space, and locks in. Ais thus prevented from proceeding in any direction beyondthe circumscribing line of wall. A wrongfully con!nes .

(b) A places men with !rearms at the outlets of a building,

and tells that they will !re at if attempts to leave thebuilding. A wrongfully con!nes .

/8. Dunishment for wrongful restraint. E Whoever wrongfullyrestrains any person shall be punished with simpleimprisonment for a term, which may etend to one month, orwith !ne which may etend to !ve hundred rupees, or withboth.

8'* Punis-ment 6or wron76ul ConHnement*

Whoever wrongfully con!nes any person shall be punishedwith imprisonment of either description for a term whichmay etend to one year, or with !ne which may etend toone thousand rupees, or with both.

8* 3ron76ul .onHnement 6or t-ree or more days*

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Whoever wrongfully con!nes any person for three days, ormore, shall be punished with imprisonment of eitherdescription for a term which may etend to two years, orwith !ne, or with both.

88* 3ron76ul .onHnement 6or ten or more days

Whoever wrongfully con!nes any person for ten days, ormore, shall be punished with imprisonment of eitherdescription for a term which any etend to three years, andshall also be liable to !ne.

89* 3ron76ul .onHnement o6 +erson 6or w-oseli,eration writ -as ,een issued

Whoever keeps any person in wrongful con!nement,knowing that a writ for the liberation of that person has beenduly issued, shall be punished with imprisonment of eitherdescription for a term which may etend to two years inaddition to any term of imprisonment to which he may beliable under any other section of this chapter.

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constraining the person con!ned or any person interested insuch person to do anything illegal or to give any informationwhich may facilitate the commission of an oence, shall bepunished with imprisonment of either description for a term

which may etend to three years, and shall also be liable to!ne.

8>* 3ron76ul .onHnement to e0tort .on6ession@ or.om+el restoration o6 +ro+erty

Whoever wrongfully con!nes any person for the purpose ofetorting from the person con!ned or any person interestedin the person con!ned any confession or any informationwhich may led to the detection of an oence or misconduct,

or for the purpose of constraining the person con!ned or anyperson interested in the person con!ned to restore or tocause the restoration of any property or valuable security orto satisfy any claim or demand, or to give information whichmay lead to the restoration of any property or valuablesecurity, shall be punished with imprisonment of eitherdescription for a term which may etend to three years, andshall also be liable to !ne.

$F C?I"INAL F$?CE AN% ASSAULT

8* For.e

A person is said to use force to another if he causes motion,change of motion, or cessation of motion to that other, or ifhe causes to any substance such motion, or change ofmotion, or cessation of motion as brings that substance intocontact with any part of that other#s body, or with anythingwhich that other wearing or carrying, or with anything so

situated that such contact aects that other#s sense offeelingG provided that the person causing the motion, orchange of motion, or cessation of motion causes that motion,change of motion, or cessation of motion in one of the threeways hereinafter described.

4irstGE

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"y his own bodily power.

5econdlyGE

"y disposing any substance in such a manner that the

motion or change or cessation of motion takes place withoutany further act on his part, or on the part of any otherperson.

&hirdlyGE

"y inducing any animal to move, to change its motion, or tocease to move.

92* Criminal 6or.e

Whoever intentionally uses force to any person, without thatperson#s consent, in order to the committing of any oence,or intending by the use of such force to cause, or knowing itto be likely that by the use of such force he will cause injury,fear or annoyance to the person to whom the force is used,is said to use criminal force to that other.

Illustrations

(a) is sitting in a moored boat on a river. A unfastens themoorings, and thus intentionally causes the boat to driftdown the stream. $ere A intentionally causes motion to ,and he does this by disposing substances in such a mannerthat the motion is produced without any other act on anyperson#s part, A has therefore intentionally used force to %and if he has done so without #s consent, in order to thecommitting of any oence, or intending or knowing in to belikely that this use of force will cause injury, fear or

annoyance to , A has used criminal force to .

(b) is reading in a chariot. A lashes #s horses, and therebycauses them to 0uicken there pace. $ere has causedchange of motion to by inducing the animals to changetheir motion. A has therefore used force to % and if A hasdone this without #s consent, intending or knowing it to be

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likely that he may thereby injure, frighten or annoy , A hasused criminal force to .

(c) is riding in a palan0uin. A, intending to rob , seiFes thepole and stops the palan0uin. $ere A has caused thereforeused force to % and as A has acted thus intentionally,without #s consent, in order to the commission of anoence. A has used criminal force to .

(d) A intentionally pushes against in the street. $ere A hasby his own bodily power moved his own person so as tobring it into contact with . $e has therefore intentionallyused force to % and if he has done so without #s consent,intending or knowing it to be likely that he may thereby

injure, frighten or annoy , he has used criminal force to .

(e) A throws a stone intending or knowing it to be likely thatthe stone will be thus brought in to contact with , or with#s clothes, or with something carried by , or that it willstrike water and dash up the water against #s clothes orsomething carried by . $ere, if the throwing of the stoneproduce the eect of causing any substance to come intocontact with , or #s clothes. A has used force to % and ifhe did so without #s consent, intending thereby to injure,frighten or annoy , he has criminal force by .

(f) A intentionally pulls up a woman#s veil. $ere Aintentionally uses force to her, and if he does so without herconsent intending or knowing it to be likely that he maythereby injure, frighten or annoy her, he has used criminalforce to her.

(g) is bathing, A pours into the bath water which he knows

to be boiling. $ere A intentionally by his own bodily powercauses such motion in the boiling water as brings that waterinto contact with , or with that water so situated that suchcontact must aect #s sense of feeling% A has thereforeintentionally used force to % and he has done this without#s consent intending or knowing it to be likely that he may

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thereby cause injury, fear, or annoyance to , A has usedcriminal force.

(h) A incites a dog to spring upon , without % s consent.$ere, if A intends to cause injury, fear or annoyance to , heuses criminal force to .

91* Assault

Whoever makes any gesture, or any preparation intending orknowing it to be likely that such gesture or preparation willcause any person present to apprehend that he who makesthat gesture or preparation is about to use criminal force tothat person, is said to commit as assault.

E0+lanation

7ere words do not amount to an assault. "ut the wordswhich a person uses may give to his gestures or preparationsuch a meaning as may make those gestures or preparationsamount to an assault.

Illustrations

(a) A shakes his !st at , intending or knowing it to be likelythat he may thereby cause to believe that A is about tostrike , A has committed an assault.

(b) A begins to unloose the muFFle of a ferocious dog,intending or knowing it to be likely that he may therebycause to believe that he is about to cause the dog toattack . A has committed an assault upon .

(c) A takes up a stick, saying to , ?+ will give you a beating@

$ere, though the words used by A could in no case amountto an assault, and though the mere gesture, unaccompaniedby any other circumstances, might not amount to an assault,the gesture eplained by the words may amount to anassault.

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9'* Punis-ment 6or assault or .riminal 6or.eot-erwise t-an on 7ra4e +ro4o.ation

Whoever assaults or uses criminal force to any personotherwise than on grave and sudden provocation given bythat person, shall be punished with imprisonment of eitherdescription for a term which may etend to three months, orwith !ne which may etend to !ve hundred, or with both.

E0+lanation

Hrave and sudden provocation will not mitigate thepunishment for an oence under this section, if theprovocation is sought or voluntarily provoked by the oender

as an ecuse for the oence, or

+f the provocation is given by anything done in obedience tothe law, or by a public servant, in the lawful eercise of thepowers of such public servant, or

+f the provocation is given by anything done in the lawfuleercise of the right of private defence.

Whether the provocation was grave and sudden enough to

mitigate the oence, is a 0uestion of fact.

9* Assault or .riminal 6or.e to deter +u,li. ser4ant6rom dis.-ar7e o6 -is duty

Whoever assaults or uses criminal force to any person beinga public servant in the eecution of his duty as such publicservant, or with intent to prevent or deter that person fromdischarging his duty as such public servant, or inconse0uence of anything done or attempted to be done by

such person in the lawful discharge of his duty as such publicservant, shall be punished with imprisonment of eitherdescription for a term which may etend to two years, orwith !ne, or with both.

98* Assault or .riminal 6or.e to woman wit- intent tooutra7e -er modesty

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Whoever assaults or uses criminal force to any woman,intending to outrage or knowing it to be likely that he willthereby outrage her modesty, shall be punished withimprisonment of either description for a term which may

etend to two years, or with !ne, or with both.

99* Assault or .riminal 6or.e wit- intent to dis-onour+erson@ ot-erwise t-an on 7ra4e +ro4o.ation

Whoever assaults or uses criminal force to any person,intending thereby to dishonour that person, otherwise thanon grave and sudden provocation given by that person, shallbe punished with imprisonment for a term which may etendto two years, or with !ne, or with both.

9* Assault or .riminal 6or.e on 7ra4e +ro4o.ation

Whoever assaults or uses criminal force to any person ongrave and sudden provocation given by that person, shall bepunished with simple imprisonment for a term which mayetend to one month, or with !ne which may etend to twohundred rupees, or with both.

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Affecting the Human Body Unit 3

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