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Hormuz Maloo (na)     19 March 2020

Slow poisoning

Which section of the IPC covers injury to health by slow poisoning?

Thanks in advance,

H

 



Learning

 9 Replies

Real Soul.... (LEGAL)     19 March 2020

that is attempt to murder ;;;

 

Section 307 in The Indian Penal Code
307. Attempt to murder.—Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to 1[imprisonment for life], or to such punishment as is hereinbefore mentioned. Attempts by life convicts.—2[When any person offending under this section is under sentence of 1[imprisonment for life], he may, if hurt is caused, be punished with death.] llustrations
(a) A shoots at Z with intention to kill him, under such circum­stances 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 of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue.
(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of 3[the first paragraph of] this section.
(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servant to place it on Z’s table. A has committed the offence defined in this section.

Vanshikha Goel   19 March 2020

that will come under section 328 of IPc causing hurt by means of poison, etc., with intent to commit an offence.


Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

and also liable under section 307 attempt to murder.

Hormuz Maloo (na)     20 March 2020

Thank you for your prompt replies. I have two follow-up queries:

a) What if death is not  an immediate possibility but only health is being endangered / affected and 

b) What if there is no intention to cause health problems but there is definite knowledge that his actions can cause health problems.

Thanks once more.

H

 

T. Kalaiselvan, Advocate (Advocate)     23 March 2020

Section 307 IPC would be the proper section to cover this crime.

To constitute an offence under IPC section 307, two ingredients must be present:

(a) An intention of or knowledge relating to the commission of murder;

(b) The doing of an act towards it

T. Kalaiselvan, Advocate (Advocate)     23 March 2020

To determine whether an act is done within the ambit of section 307, three considerations appear to be essential- the nature of the act done, the intention or knowledge of accused and the circumstances under which the act is done. 

The intention is to be gathered from all circumstances, and not merely from the consequences that follow. The nature of the weapon used, the manner in which it is used, the motive of the crime, the body part where the injury is inflicted is some of the factors that may be taken into account to determine the intention or knowledge (i.e. Mens Rea ) of the accused.

T. Kalaiselvan, Advocate (Advocate)     23 March 2020

In Vasan Jadhav Vs. State of Maharashtra (2004), Supreme court observed that to justify the conviction under section 307 IPC, it is not essential that bodily injuery capable of causing death should have been infliced. Although the nature of injury actually caused may often give considerable assistance in coming to a finding as to the intention of the accused, such intention may also be deducted from other circumstances, and may even in some cases, be ascertained without any reference at all to actual wounds. What the court has to see is whether the act, irrespective of its result, was done with the intention or knowledge under circumstances mentioned in the section. If the intention is to commit murder and in pursuance of that intention a person does an act towards its commission irrespective of the fact that the act is penultimate or not, the offence under section 307, IPC would be made out. An attempt in order to be criminal need not be the penultimate act. It is sufficient in law if there is present an intent coupled with some act in execution thereof.

Thus, Attempt to murder is an offence punishable under section 307 of the IPC 

T. Kalaiselvan, Advocate (Advocate)     23 March 2020

In Vasan Jadhav Vs. State of Maharashtra (2004), Supreme court observed that to justify the conviction under section 307 IPC, it is not essential that bodily injuery capable of causing death should have been infliced. Although the nature of injury actually caused may often give considerable assistance in coming to a finding as to the intention of the accused, such intention may also be deducted from other circumstances, and may even in some cases, be ascertained without any reference at all to actual wounds. What the court has to see is whether the act, irrespective of its result, was done with the intention or knowledge under circumstances mentioned in the section. If the intention is to commit murder and in pursuance of that intention a person does an act towards its commission irrespective of the fact that the act is penultimate or not, the offence under section 307, IPC would be made out. An attempt in order to be criminal need not be the penultimate act. It is sufficient in law if there is present an intent coupled with some act in execution thereof.

Thus, Attempt to murder is an offence punishable under section 307 of the IPC 

T. Kalaiselvan, Advocate (Advocate)     23 March 2020

In Vasan Jadhav Vs. State of Maharashtra (2004), Supreme court observed that to justify the conviction under section 307 IPC, it is not essential that bodily injuery capable of causing death should have been infliced. Although the nature of injury actually caused may often give considerable assistance in coming to a finding as to the intention of the accused, such intention may also be deducted from other circumstances, and may even in some cases, be ascertained without any reference at all to actual wounds. What the court has to see is whether the act, irrespective of its result, was done with the intention or knowledge under circumstances mentioned in the section. If the intention is to commit murder and in pursuance of that intention a person does an act towards its commission irrespective of the fact that the act is penultimate or not, the offence under section 307, IPC would be made out. An attempt in order to be criminal need not be the penultimate act. It is sufficient in law if there is present an intent coupled with some act in execution thereof.

Thus, Attempt to murder is an offence punishable under section 307 of the IPC 

P. Venu (Advocate)     24 March 2020

You have not posted the material facts highlighting the issue, if any.


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