The case of intercourse amounting to grievous hurt:
N.K.Assumi
(Querist) 15 September 2008
This query is : Resolved
The question is whether a man who knows that he has gonorrhoea, and who by having intercourse with his wife, who does not know it, infects her,is or is not guilty under section 324 or 326 of the Indian penal code.
Aniruddha.P.Pawse
(Expert) 15 September 2008
In my opinion though forcible intercourse with wife doesnot constitute offence of Rape,knowing about disease and having intercourse concealing the fact from wife and thus infecting her can attract sec324 or 326 depending on infection and pain etc.
Manish Singh
(Expert) 15 September 2008
even forcible intercourse amounts to marital rape.
N.K.Assumi
(Querist) 15 September 2008
in the present case the question is not forcible but consent of both the party, who cause disease to his wife as stated above.whether it amount to hurt under section 324 etc IPC?
N.K.Assumi
(Querist) 15 September 2008
lets wait and see for more response.
Manish Singh
(Expert) 16 September 2008
it shall not come under the sec 324 according the words used under the said sec. this can not be a weapon under the said sec.
but this action amounts to hurt.
sanjay kumar patibandla
(Expert) 16 September 2008
Assumani Sir here my doubt is that, voluntarily causing hurt by weapon is required for offense under section 324 or 326. Where ( what) is the weapon here.
There might be another section for it. I think mis chief may attracts.
