Which section of the IPC covers injury to health by slow poisoning?
Thanks in advance,
H
Hormuz Maloo (na) 19 March 2020
Which section of the IPC covers injury to health by slow poisoning?
Thanks in advance,
H
Real Soul.... (LEGAL) 19 March 2020
that is attempt to murder ;;;
Vanshikha Goel 19 March 2020
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.