Ipc 323
Kishan
(Querist) 31 August 2012
This query is : Resolved
Hi,
Recently My Grand Mother expired. and at her funeral her son, daughter in law, & grand daughter created a problem by pulling the body and i inturn while stopping them accidentally hit her Grand daughter. Now the girl has lodged a complaint against me. and later i confessed her father and he agreed to withdraw then i went to police station and apologise the family and was sent back by giving station bail. as the complaint was more than 24hrs police said it has been sent to court. and police said in 2 months i should attend in front of magistrate to clear the case.
what would be magistrate decision. please advise me what should i do and what would this happen. coz my future is depend on this.
ajay sethi
(Expert) 31 August 2012
Indian Penal Code (IPC)
Section 323. Punishment for voluntarily causing hurt
Whoever, except in the case provided for by section 334,voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Compounded by the person to whom the hurt is caused.
it is compoundabe offence . if girl withd raws complaint you would have nothing to fear
R.K Nanda
(Expert) 31 August 2012
No more to add.
Sudhir Kumar, Advocate
(Expert) 31 August 2012
The circumstances given by you say that you did so in order to save the honour of dead body.
You have resisted a crime. As described by you body of your later grandmother was being manhandled which hurts religious sentiments of all concerned. If you describe full facts there may be other offences as well on their part. Person stooping down to such extent is not likely to possess ordinary socially acceptable behavior in other dealings.
Section 97.
Every person has a right, subject to the restrictions contained in section 99, to defend—
First.— His own body, and the body of any other person, against any offence affecting the human body;
Secondly.—The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, rob¬bery, mischief or criminal trespass.
NOTHING IS STATED HERE THAT YOU CAN PROTECT ONLY ALIVE BODY
Section 81.
Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, it if be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.
Explanation
It is question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.
Illustrations
(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.
(b) A, in great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A's act. A is not guilty of the offence.
Section 95. Act causing slight harm
Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
Devajyoti Barman
(Expert) 31 August 2012
Since the case is already registered then first apply for bail. Once that is done then wait for commencement for trial which is likely to be amicably settled.
