lecture-20 (causing hurt or grievous hurt to extort confession & to deter public servants)

8/4/2019 Lecture-20 (Causing Hurt or Grievous Hurt to Extort Confession & to Deter Public Servants)

1/21

5/8/2011 Lecture 20 1 5/8/2011 Lecture 20 1


2/21

Causing Hurt by Means of Poison,etc., with Intent to Commit anCausing Hurt by Means of Poison,etc., with Intent to Commit anOffence.- Sec>on 328

Whoever administers to or causes to be taken by anyperson any poison or any stupefying, intoxicating, orunwholesome drug, or other thing with intent tocause hurt to such person, or with intent to commitor to facilitate the commission of an offence orknowing it to be likely that he will thereby cause hurt,shall be punished with imprisonment of eitherdescription for a term which may extend to ten years,and shall also be liable to fine.5/8/2011

Lecture 202


3/21

Comment.-The offence under this section iscomplete even if no hurt is causedto the person to whom the poisonor any stupefying, intoxicating, orunwholesome drug is

administered.This section is merely an extensionof the provisions of s 324.Under s 324 actual causing of hurtis essential: under this sectionmere administration of poison issufficient to bring the offender tojustice.5/8/2011 Lecture 20 3Comment.-The offence under this section iscomplete even if no hurt is caused

to the person to whom the poisonor any stupefying, intoxicating, orunwholesome drug isadministered.This section is merely an extensionof the provisions of s 324.Under s 324 actual causing of hurtis essential: under this sectionmere administration of poison issufficient to bring the offender tojustice.5/8/2011 Lecture 20 3


4/21

Essen>alIngredients

(1) The offender should

administer a poisonous,stupefying, intoxicating orunwholesome drug; or(2) Such administration shouldbe with the intention to causehurt; or(3) With the intention tocommit or facilitate thecommission of an offence; or

(4) Such administration shouldbe with the knowledge that it islikely to cause hurt.5/8/2011Lecture 204


5/21

Administering unwholesome drug.-5/8/2011 Lecture 20 5.A man administered the juice of some leaves to somevillagers by way of ordeal and some of them showedsymptoms of poison;.The accused administered powder of dhatura to a

woman and robbed her of her jewellery while she wassenseless;.A wife, not knowing the dangerous properties ofaconite, administered it to her husband by mixing itwith his food and he died..In all these instances, it was held that an offenceunder this section was committed.Administering unwholesome drug.-5/8/2011 Lecture 20 5.A man administered the juice of some leaves to somevillagers by way of ordeal and some of them showedsymptoms of poison;

.The accused administered powder of dhatura to awoman and robbed her of her jewellery while she wassenseless;.A wife, not knowing the dangerous properties ofaconite, administered it to her husband by mixing itwith his food and he died..In all these instances, it was held that an offenceunder this section was committed.


6/21

Dharm Das Wadhwani v. State of Dharm Das Wadhwani v. State ofUJar Pradesh AIR 1975 SC 241

The accused was a compounder in a small hospital. The senior

doctor of the hospital arrived in the morning with a badheadache and asked the accused for 10 grams of aspirin. Theaccused took 12-13 minutes to bring the aspirin, which wasreadily available in the dispensing room.The doctor consumed the medicine. It was bitter, which was anunusual test for aspirin. He asked the attainder to fetch him aglass of water. By then, the second doctor was sitting in the nextchair. The senior doctor complained about the strangebitterness in the tongue, though aspirin was supposed to betasteless.

He gargled his mouth, washed his face with water and asked theattendant to buy some betel leaves to overcome the bad taste.He thereafter proceeded to do his normal work and tried to giveinjection to a waiting patient but began to feel shaky.6

5/8/2011Lecture 20


7/21

Contd...He had sensation of cramps in the calf muscles. The otherdoctor ran into the dispensing room and asked theaccused from which bottle he had given the aspirin..The accused showed him the aspirin bottle. The doctorasked him if he had given strychnine a deadly poison

accidently..The accused denied it, stating that strychnine was not instock at all. He started trembling. In the meantime, thedoctor was rushed to the hospital and given a stomachwash. It was found that it was indeed strychnine, whichwas administered to the doctor by the accused..The accused was convicted under s 328, IPC.5/8/2011 Lecture 20 7Contd...He had sensation of cramps in the calf muscles. The otherdoctor ran into the dispensing room and asked theaccused from which bottle he had given the aspirin.

.The accused showed him the aspirin bottle. The doctorasked him if he had given strychnine a deadly poisonaccidently..The accused denied it, stating that strychnine was not instock at all. He started trembling. In the meantime, thedoctor was rushed to the hospital and given a stomachwash. It was found that it was indeed strychnine, whichwas administered to the doctor by the accused..The accused was convicted under s 328, IPC.5/8/2011 Lecture 20 7


8/21

Sections 330 & 3315/8/2011 Lecture 20 8Sections 330 & 3315/8/2011 Lecture 20 8


9/21

Voluntarily causing hurt to extort Voluntarily causing hurt to extortconfession, or to compelrestora>on of property.- Sec. 330

Whoever voluntarily causes hurt for the purposes ofextorting from the sufferer or from any person interestedin the sufferer, any confession or any information whichmay lead to the detection of an offence or misconduct, orfor the purpose of constraining the sufferer or any personinterested in the sufferer to restore or to cause therestoration of any property or valuable security or tosatisfy any claim or demand, or to give information whichmay lead to the restoration of any property or valuablesecurity, shall be punished with imprisonment of eitherdescription for a term which may extend to seven years,and shall also be liable to fine.

5/8/2011Lecture 209


10/21

Illustra>ons.(a) A, a police officer, tortures Z in order to induce Z toconfess that he committed a crime. A is guilty of anoffence under this section..(b) A, a police officer, tortures B to induce him to pointout where certain stolen property is deposited. A is guilty

of an offence under this section..(c) A, a revenue officer, tortures Z in order to compel himto pay certain arrears of revenue due from Z. A is guilty ofan offence under this section..(4) A, a zamindar, tortures a raiyat in order to compel himto pay his rent. A is guilty of an offence under this section.5/8/2011 Lecture 20 10Illustra>ons.(a) A, a police officer, tortures Z in order to induce Z toconfess that he committed a crime. A is guilty of anoffence under this section..(b) A, a police officer, tortures B to induce him to point

out where certain stolen property is deposited. A is guiltyof an offence under this section..(c) A, a revenue officer, tortures Z in order to compel himto pay certain arrears of revenue due from Z. A is guilty ofan offence under this section..(4) A, a zamindar, tortures a raiyat in order to compel himto pay his rent. A is guilty of an offence under this section.5/8/2011 Lecture 20 10


11/21

Comment.-.This section is similar to s 327 which deals withcausing of hurt for the purpose of extorting propertyor valuable security..It punishes the inducing of a person by causing hurtto make a statement, or a confession, having reference

to an offence or misconduct; and whether that offenceor misconduct has been committed is whollyimmaterial..The principal object of the section is to preventtorture by the police.5/8/2011 Lecture 20 11Comment.-.This section is similar to s 327 which deals withcausing of hurt for the purpose of extorting propertyor valuable security..It punishes the inducing of a person by causing hurtto make a statement, or a confession, having reference

to an offence or misconduct; and whether that offenceor misconduct has been committed is whollyimmaterial..The principal object of the section is to preventtorture by the police.5/8/2011 Lecture 20 11


12/21

The accused, a investigating officer and his assistant, entertainedsuspicion about two persons in a case of theft and subjected thesuspects to ill-treatment to extort confession or information leadingto detection of stolen properties, the accused were held guilty ofoffence under section 330.5/8/2011 Lecture 20 12

The accused, a investigating officer and his assistant, entertainedsuspicion about two persons in a case of theft and subjected thesuspects to ill-treatment to extort confession or information leadingto detection of stolen properties, the accused were held guilty ofoffence under section 330.5/8/2011 Lecture 20 12


13/21

The punishment provided for under s 330 is imprisonmentof either description for a term which may extend to sevenyears and fine. The Supreme Court held that theseprovisions are inadequate to repair the wrong done tocitizens and the victims of crime should be compensated.5/8/2011 Lecture 20 13

The punishment provided for under s 330 is imprisonmentof either description for a term which may extend to sevenyears and fine. The Supreme Court held that theseprovisions are inadequate to repair the wrong done tocitizens and the victims of crime should be compensated.5/8/2011 Lecture 20 13


14/21

Voluntarily causing grievous hurt toextort confession, or to compelVoluntarily causing grievous hurt toextort confession, or to compelrestora>on of property.-Sec. 331

Whoever voluntarily causes grievous hurt for the purposeof extorting from the sufferer or from any personinterested in the sufferer any confession or anyinformation which may lead to the detection of an offenceor misconduct, or for the purpose of constraining thesufferer or any person interested in the sufferer to restoreor to cause the restoration of any property or valuablesecurity, or to satisfy any claim or demand, or to giveinformation which may lead to the restoration of anyproperty or valuable security, shall be punished with

imprisonment of either description for a term which mayextend to ten years, and shall be liable to fine.5/8/2011Lecture 2014


15/21

Essen>al Ingredients of these Essen>al Ingredients of thesesec>ons.-

(1) The offender should voluntarily cause hurt or grievous

hurt;(2) It should be done for the following purposes:(a) to extort confession or information;(b) to restore or cause restoration of any property orvaluable security;(c) to satisfy any claim or demand;(d) to obtain information, which may lead to the

restoration of any property or valuable security;(3) If it is for the purpose of extorting confession orinformation, such confession or information should leadto the detection of an offence or misconduct.5/8/2011Lecture 2015


16/21

Sections 332 & 3335/8/2011 Lecture 20 17Sections 332 & 3335/8/2011 Lecture 20 17


17/21

Voluntarily causing hurt to deterpublic servant from his duty.- Sec.Voluntarily causing hurt to deterpublic servant from his duty.- Sec.332

Whoever voluntarily causes hurt to any person beinga public servant in the discharge of his duty as suchpublic servant, or with intent to prevent or deter thatperson or any other public servant from discharginghis duty as such public servant, or in consequence ofanything done or attempted to be done by that personin the lawful discharge of his duty as such publicservant, shall be punished with imprisonment ofeither description for a term which may extend tothree years, or with fine, or with both.

5/8/2011Lecture 2018


18/21

Per EDGE, C.J., in Dalip, (1896) 18 Per EDGE, C.J., in Dalip, (1896) 18All 246, 250, 251

Suppose, a warrant is handed to a police-officer for the

arrest of a particular person. That warrant on the face of itdoes not direct him to break open premises, in order toeffect the arrest, and yet it may be necessary for the officerin discharge of his duty in arresting the accused under thewarrant to break into the house of the accused, or to dosome other act without the doing of which the warrantcould not be executed. Such acts would be properlydescribed as done or attempted to be done by the policeofficerin the lawful discharge of his duty, and thereforewould not be covered by the concluding portion of thissection.5/8/2011

Lecture 2019


19/21

Voluntarily causing grievous hurt todeter public servant from his duty.-Voluntarily causing grievous hurt todeter public servant from his duty.-Sec. 333

Whoever voluntarily causes grievous hurt to anyperson being a public servant in the discharge of hisduty as public servant, or with intent to prevent ordeter that person or any other public servant fromdischarging his duty as such public servant, or inconsequence of anything done or attempted to bedone by that person in the lawful discharge of hisduty as such public servant, shall be punished withimprisonment of either description for a term whichmay extend to ten years, and shall also be liable to

fine.5/8/2011Lecture 2020


20/21

Essen>al Ingredients of these Essen>al Ingredients of thesesec>ons.-

(1)The offender should voluntarily cause hurt or

grievous hurt to a public servant;(2) It should be caused:(a) when the public servant acted in discharge of hisduties;(b) to prevent or deter that public servant or anyother public servant from discharging his duty; or(c) in consequence of anything done or attempted tobe done by the public servant in the discharge of his

duty.5/8/2011Lecture 2021


21/21

lecture-20 (causing hurt or grievous hurt to extort confession & to deter public servants)

Documents