FORENSIC MEDICINE &

TOXICOLOGY
BHESHAJ VERMA
BATCH 2021
 MECHANICAL INJURY :
INJURY, ASSAULT AND HURT
FM 3.4 – DEFINE INJURY, ASSAULT AND HURT. DESCRIBE IPC PERTAINING TO
INJURIES.
02 03 HURT
ASSAULT

01 INJURY 04 IPC

OBJECTIVE
S
INJURY
 Clinically its defined as solution or disruption of
the continuity of any tissue of the body.
 But medico-legally injury will include “an
lesion,external or internal caused by violence,
with or without breach of continuity of skin”.

 Legally section 44 of IPC defines injury as‘‘

any harm whatever illegally caused to any
person in body, mind, reputaion, or property
’’.
CRIMINAL FORCE AND
ASSAULT
Section 349 : Force
Section 350 : criminal force
Section 351 : Assault
Section 352 : Punishment for assault or criminal force
otherwise than
on grave
ASSAULT
 Section 351 of I.P.C. : Defines an assault is an offer or
threat or attempt to apply force to body of another in a
hostile manner.

 It does not matter whether it injures him physically or

not.

 Shaking of head or showing of fist at a person in hostile

manner will constitute an assault.
ASSAULT (SEC 351) CRIMINAL FORCE (SEC 350)

Assault is something less than the use of Criminal force is serious offence than assault.
criminal force.

Assault is prior stage of criminal force. Criminal force is an aggravated form of assault.

In assault, the accused creates In criminal force there is no such apprehension

apprehension that he was about to use since CF is already used.
criminal force.

Assault doesn’t include criminal force. However, in every criminal force there is
assault.
CRIMINAL FORCE
 Section 350 of IPC : Defines criminal force as whoever
intentionally uses
force to any person, without that person’s consent, in order to
committing
any offence or intending by the use of such force to cause, or
knowing it to
be likely that by use of such force he will cause injury, fear or
annoyance to
the person, is said to use criminal force to that person.
HUR
T  Section 319 Of I.P.C. : Defines hurt Whoever cause
bodily pain, disease or infirmity to any person is said to
cause hurt.

 Section 319 to 326 of IPC deal with causing hurt and

their punishment
Infirmity :
 Infirmity is an ability of an organ to
perform usual function.
IPC pertaining to injury :
Section 319 : Defines Hurt
Section 320: Defines Grievous hurt
Section 321 : Defines Voluntarily causing hurt
Section 322: Defines Voluntarily causing grievous hurt
Section 323: Punishment for voluntarily causing hurt
Section 324: Voluntarily causing hurt by dangerous weapons or means
Section 325: Punishment for voluntarily causing grievous hurt
Section 326:
Voluntarily causing grievous hurt by dangerous weapons or means
Section 326(A) - Grievous hurt by use of acid
Section 326(B) - Attempting to throw acid
DANGEROUS
WEAPON
 Any instrument used for shooting, stabbing, or cutting or any
instrument which used as weapon of offence is likely to cause
death, endangers life by means of
• fire or any heated substance
• any poison or any corrosive substance
• explosive substance
• any substance which it is deleterious to the human body to
inhale to swallow or to receive into the blood
• any animal
CVHFH
SECTION OF OFFENCE Punishment (Imprisonment)
IPC
302 Murder Death or life imprisonment + fine
304 Culpable homicide not amounting to 10 years to life imprisonment + fine
murder
304 A Death by rash or negligent act Up to 2 year + with or w/o fine
304 B Dowry death 7 years to life imprisonment + fine

307 Attempt to murder 10 years to life imprisonment

323 Voluntarily causing simple hurt Up to 1 year
324 Voluntarily causing simple hurt by Up to 3 years
dangerous weapon
325 Voluntarily causing grievous hurt Up to 7 years

326 Voluntarily causing grievous hurt by Up to 10 years

dangerous weapon or means
326 A Voluntarily causing grievous hurt by use 10 years to life imprisonment + fine (paid to
of acid the victim)
326 B Voluntarily throwing or attempting to throw 5-7 years + fine
acid
BIBLIOGRAPHICAL
REFERENCES

● GAUTAM BISWAS (5th Edition). Review

of forensic medicine & toxicology.
● RAJESH BARDALE (4th Edition). Principle
of Forensic medicine and toxicology.
● Web search (INTERNET SOURCE)
THANK YOU
GRIEVOUS HURT
Serious nature of hurt
Section 320 I.P.C. : Defines grievous hurt
Comprises of eight (8) clauses :
First - Emasculation.
Second - Permanent privation of sight of either eye.
Third - Permanent privation of hearing of either ear.
Fourth - Privation of any member or joint.
Fifth - Destruction or permanent impairing of the power of any member
or joint.
Sixth - Permanent disfiguration of face.
Seventh - Fracture or dislocation of a bone or tooth.
Eighth - Any hurt which :
endangers the life
causing severe body pain for more than 20 days
unable follow his ordinary pursuits
1. EMASCULATION
• Deprivation of a male of his masculine vigor by cutting of
penis, castration, or by causing injury to testes or spinal
cord at the level of L2-L4 vertebrae resulting in erectile
dysfunction .
• Only male castration comes under this clause. Female
castration can however be a grievous hurt under clause 4
or 8.
• If one testes get damaged or removed & the other testes
with intact male organ, then it is not considered as
emasculation.
• However it is a grievous hurt under clause 4 (privation of
any member or joint).
 2. PERMANENT PRIVATION OF SIGHT OF EITHER
EYE
• It includes deep abrasions within the central visual axis,
dislocation of lens, retinal or choroidal tears and optic disc
laceration.
• It is not necessarily both eyes to be affected; only one is
sufficient
. PERMANENT PRIVATION OF THE HEARING EITHER EAR

• It should be permanent deafness.

• It can be due to blow on the head or ears, blows which
injures the tympanum, ear ossicles or auditory nerves, or
injury by foreign body.
• Audiometric assessment should be done to document
hearing loss.
4.PRIVATION OF ANY MEMBER OR JOINT:
• ‘Member’ means any organ or limb of a subject responsible for
performance of distinct function.
• It includes eyes ear nostrils mouth hands or feet.
• Joints may be small or big ones.
• Loss of hair /nails would not come under this clause.
5.DESTRUCTION OR PERMANENT IMPAIRING OF THE
POWERS OF ANY MEMBER OR JOINT :
• It includes cutting severing of any tendons, anywhere along
its route- at its origin, in between or at its insertion.
• If it is not repaired its function permanently lost cause
deformity, loss of movement and weakness.
• It is not necessary that destruction or loss of power should be
100 % e.g. contracture caused by burns involving joints.
6.Permanent disfiguration of the head or
face :
• ‘Disfiguration’ means change of configuration and personal
appearance of the subject by some external injury which does
not weaken him/her.
• A person is disfigured when a reasonable observer would find
the altered appearance distressing or objectionable.
• For example, chopping off an individual’s ear or nose which
would cause disfigurement, without consequential disability, so
constitute grievous hurt under this clause.
• A large cut on the face or branding may leave a permanent
scar causing disfigurement.
• Opinion of disfigurement should be given after complete
healing, since doctor can judge whether disability is permanent
or not
7.Fracture or dislocation of a bone or
tooth
•
:
If there is a break by cutting or splintering of the bone,
or there is a
rupture or fissure in it, then it would amount to a
fracture.
• Fractures are possible without trauma when
osteoporosis is present.
• Even if the extent of the cut is not mentioned, it would
amount to
grievous hurt, if there has been a break in the bone.
• ‘Dislocation’ implies traumatic displacement of the
position of the
members of the joint along with injury of tissues.
• Mere looseness of a tooth due to disease or old age will
8.Any hurt which :
a. Endangers life.
b. Causes the victim to be in severe bodily pain for 20
days.
c. unable the victim to follow his ordinary pursuits for
20 days
• Any hurt which endangers life’ means that the life is only
endangered
and not taken away, i.e. placing a person in danger of
death.
• A mere stay in hospital for 20 days will not constitute
grievous hurt.
• ‘Ordinary pursuits’ signify day-to-day personal acts of an
individual,
like going to the toilet, having food or taking bath or