Can a person, who is not in the scene of occurance can be charged under Section 337 IPC?
G. ARAVINTHAN (Legal Consultant / Solicitor) 30 January 2011
Can a person, who is not in the scene of occurance can be charged under Section 337 IPC?
Suchitra. S (Advocate) 30 January 2011
The wordings of Section clearly indicate the presence of the person is very much necessary to cause hurt. So, I do not think the section can be applied to those who are not present in the scene.
GUDAKESH KUMAR (LAW OFFICER) 30 January 2011
Where does 337 of IPC say that you have to be necessarily be physically present at the scene of crime. It is only act of the accused endangering life or personal safety of others. This act can, very well be there, even if the accused is not present at the scene of crime.
Suchitra. S (Advocate) 30 January 2011
S. 337. Causing hurt by act endangering life or personal safety of others.-- Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
I think the section speaks mainly about causing hurt as to endanger human life or personal safety. The interpretation of the section indicates presence of the accused at the scene.
For further clarification about what is hurt, let us note the section 319 of IPC
Section 319. Hurt. Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. |
GUDAKESH KUMAR (LAW OFFICER) 30 January 2011
my reservation is only about physical presence of the accused at the scene of crime. It is the act which is relevant here. suppose I do an act of disabiling the breakes of vehicle which later meets accident, OR fire cracker (rocket) during deepawali pointing it at someones house these acts will attact section 337 of IPC without my presence at the scene of crime. Please note that act can be preformed anywhere leading to hurt and / or injury to human life and it need not necessarily be at the scene of crime.
JT Rajasuriya, Chennai (Advocate 98410 53790) 30 January 2011
Another good example will be at building construction sites - where adequate safety measures were not undertaken by the responsible person - where even in his absence something could go wrong.
adv. rajeev ( rajoo ) (practicing advocate) 30 January 2011
Suchitra S has rightly answered with defination. But police people may involve any body.
N.K.Assumi (Advocate) 30 January 2011
Another kinds of offence in question is: suppose a patient in the hospital is taken care of by the doctors through computer via internet connections with directions to the nurse for administering medicines to the patient. Now this network password is cracked by some one and change the medicines and the nurse in good faith gave the patient the wrong medicines resulting in the death of the patient or say grievous hurt to the patient. Under which category the offence will fall? I am of the view that what Suchiotra S, pointed out is those offence falling under section 337 as flling under the ingredients of hurt as specified in section 319 IPC, but in case of those examples given by Gudakesh and JT Rajasuriya and those given by me appears to be falling under diferent offence. Can we say murder by computer or computer murder?
GUDAKESH KUMAR (LAW OFFICER) 30 January 2011
DEar Mr Assumi, the example quoted by you is not a rash or negligent act but is a deliberate offence involving mens rea.
Suchitra. S (Advocate) 30 January 2011
Rajeev Sir, If police include any section which is not applicable, then court can absolve that person when taking congnizance.
GUDAKESH KUMAR (LAW OFFICER) 30 January 2011
May it be noted that Bopal Gas Tragedy case . the CJM framed charges against the accused under section 304 Part (II) (culpable homicide not amounting to murder), section 326 (voluntarily causing grievous hurt by dangerous weapons or means) and other relevant sections of IPC. After the accused moved the Apex Court, it amended the charges on September 13, 1996 to 304 (A) (causing death by negligence), 336 (acts endangering life or personal safety of others, 337 (causing hurt by endangering life or personal safety of others) and other sections of IPC.
Hope this will make it clear to Suchitra that Sec 337 of IPC will be attracted even if the accused is not physically present the scene of crime.
Suchitra. S (Advocate) 30 January 2011
May be, you are right, Sir. I am too young in this field and have interpreted as I could perceive from the sections of IPC.
Advocate Rakesh Raja (d) 30 January 2011
Section 337 is as follows:
Causing hurt by act endangering life or personal safety of others.
337. Causing hurt by act endangering life or personal safety of
others.--
Whoever causes hurt to any person by doing any act so rashly
or negligently as to endanger human life, or the personal safety of
others, shall be punished with imprisonment of either descripttion for
a term which may extend to six months, or with fine which may extend
to five hundred rupees, or with both.
but if the person is not in the scene of occurance he cannot be charged in this section.