Mla Of Wounds

MEIDCO LEGAL ASPECTS OF WOUNDS [A] INJURY:

->S.44 of I.P.C-the word ‘injury’ denotes any harm whatever illegally caused to any person,in body,mind,reputation or property. ->Injury to body:wound,which means forcible solution of continuity of body tissue. ->injury to mind:torture-both mental and physical. ->S.319 of I.P.C.-whoever causes bodily pain,disease or infirmity to any person is said to have caused hurt ->S.321 of I.P.C.-voluntarily causing hurt. ->S.324 of I.P.C.-voluntarily causing hurt by dangerous weapons or means.

What is”dangerous weapon”? a)Any instrument for shooting,stabbing,or cutting or any instrument,which used, as a weapon of offence is likely cause a death:or b)By means fire or any other heated substances;or c)By means any poison or corrosive substances;or d)By means any explosive substances;or e)By means of any substance which is deleterious to the human body to inhale,to swallow,or receive in to the body;or f)By means of any animal. ->Difference between assault & injury/hurt: S351 of I.P.C.-whoever makes any gesture,any preparation intending or knowing it to be likely that such gesture or preparation will cause any person to apprehend that he who makes that gesture or preparation is about to use criminal force to that person,Is said to commit an assault.

{B} GRIEVOUS HURT:-S.320of I.P.C The following kinds of hurt only are designated as “grievous”: 1st-Emasculation. -Means depriving a male of masculine vigour by causing loss to his private pat either by taking out the testicle(before puberty),castration,damage to lumber part spinal cord from which the pudendal nerves arise etc. 2nd-Permanent privation of the sight of either eye. 3rd-Permanent privation of the hearing of either ear. 4th-privation of any member or joint. -Member means nay organ or part of organ,which participates in particular activity of body function. i.e. female breast-lactation,kidney-urination.

5th-Destruction or permanent impairing of the powers of any member or joints. Destruction=anatomical,impairing power=functional. 6th-Permanent dis figuration of head or face. -Dis figuration means doing a human some external injury which detracts from his personal appearance but does not weaken him. i.e. cutting of nose. -Scar formation:in injuries beyond epidermis. 7th-Fracture or dislocation of a bone or tooth. 8th-Any hurt which a) endanger life;or 1.An injury the result of which may be possibly death=injury which endanger life. 2.An injury as a result of which death is not merely possible,but death is likely=bodily injury likely to cause death.

3.An injury as a result of which the death is highly probable= bodily injury sufficient in the ordinary course of nature to cause death. b)causes the sufferer to be during the space of 20 days in severe bodily pain;or - mere hospitalisation for 20 days not enough,evidence of severe bodily pain is must. c)unable to follow his ordinary pursuits. - ordinary pursuits means day to day activity which a human being of any class does.

Section of IPC 323

Bailable/NB Bailable

Hurt 324

Non bailable

Non bailable

Grievous hurt 326

1 year imprisonment or 1000 fine or both

Hurt + Dangerous weapon 325

Punishment

3 years imprisonment or with fine 7 years imprisonment and with fine

Non bailable

Grievous hurt + Dangerous weapon

Imprisonment – 10 /life and with fine

[C]CAUSES OF DEATH FROM WOUNDS: 1)Immediate or direct: i) Hemorrhage:->evidence-paleness of organs -soaking of clothes with blood -stains at scene. ->Types-a)Internal-site and duration is important than volume,i.e. brain stem b)External-loss of one third of total blood volume or more is considered fatal. Estimation of total blood volume by total body weight-750 ml per10 Kg of body weight/5% of total body weight.

BLOOD LOSS AFTER FRACTURES IN ADULT MAN INJURY AMOUNT OF BLOOD LOSS 1.Compound fracture(open)-thigh 1-3L 2.Multiple rib fractures 1-2L 3.Closed fracture-thigh 1/2-2L 4.Closed fracture-leg ½ -1L 5.Fracture,dislocation-ankle 1/4-1/2L ii) Shock:-a)Primary-vaso vagal shock. -Sympathetic=stimulation parasympathetic=inhibition b)Secondary-hypovolemia.

2. Delayed or indirect: i) Infection and septicemic shock ii) Gangrene or necrosis iii) Crush Syndrome-2 weeks-crushed tissue-trigger renin -angiotensin system and produce tubular necrosis-death due to renal failure. iv) Thrombosis and Embolism-in cases of limb injuries-Deep vein thrombosis,air,fat embolism.

[D] MEDICO LEGAL QUESTIONS ON TRAUMA: 1.Whether antemortem or postmortem? - Features of antemortem hemorrhage,inflammation,healing process. -Histo pathological Examination of tissue - inflammation. -Histo chemical examination a)0.2-0.5 mm wide zone of negative vital reacton(reduced enzyme activity)close to the edge of wound. b)0.1-0.3 mm -wide zone of positive vital reacton(increased enzyme activity) immediately beyond zone of negative reaction

2.If antemortem, what is the age of injury? -Naked eye changes. -Healing and repair,histological and histo chemical changes in wound tissue. 3.Possible by which weapon? -Hard and blunt force or object. -Friction with rough object. -Single edged sharp cutting/pointed weapon. -Double edged sharp cutting/pointed weapon. -Sharp cutting heavy weapon. -Fire arm or explosive. 4.Which of several injuries caused/contributed to death? -Likely/sufficient/highly probable to cause death in ordinary course of nature

5.Did the treatment of wound contributed to death? -Assailant is responsible if victim dies due to consequences of treatment provided: 1.In absence of treatment victim would have succumbed to death.(Need) 2.A qualified practitioner gave the treatment 3.Treatment was given with reasonable care and skill. 4.The complication of treatment -a known one. 6.The power of volitional Acts after injury. 7.Duration of survival.

8.Manner:Suicide,homicide or accident? -It can be opined after considering following factors: 1.The number,direction and extent of wounds. 2.Handedness of victim. 3.The situation and character of wounds. 4.Presence or absence of hesitation or defense wounds. 5.Type of weapon-its dimensions and mechanism of operation. 6.Power of volitional acts after receiving injury. 7.Circumstantial evidence at scene of offence.

[E]HOMICIDE:Killing of human being by another human being.

:Classification: 1)Lawful- a. Excusable b. Justifiable 2)Unlawful- a. Culpable homicide S.299 of I.P.C. b. Murder S.300 of I.P.C. c. Culpable homicide not amounting to murder S.304 of I.P.C. d. Causing death by negligence S.304-A

->Lawful homicideACTUS REUS-Criminal act. MENS REA-Criminal mind. CRIME=objective+knowledge+intention+preparation+ execution of act. 1.Where the death is caused by accident or misfortune,and without any criminal intention or knowledge in doing of a lawful act,i a lawful manner,by lawful means, and with proper care and caution.(S.80)-EXCUSABLE 2.Where the death is caused by child,or person of unsound mind,or a intoxicated person(Involuntary)as will come under S.82,83,84and 85.EXCUSABLE

3.Where death is caused unintentionally by an act done in good faith for the benefit of the person killed,whena. he or,if a minor or lunatic,his guardian has expressly or impliedly consented to such an act(S87,88)or b. Where it is possible for the person killed to signify his consent or where he is incapable of giving consent, and has no guardian from whom it is possible to obtain consent,in time for he thing to be done with benefit.(S.92)EXCUSABLE 4.Where death is caused justifiably,that is to say: a. By a person,who is bound,or by mistake of fact in good faith believes himself bound,by law.(S.76)

3.Where death is caused unintentionally by an act done in

good faith for the benefit of the

person killed,whena. he or,if a minor or lunatic,his guardian has expressly or

impliedly consented to such

an act(S87,88)or b. Where it is possible for the person killed to signify his incapable of giving consent, and

consent or where he is

has no guardian from whom it is possible to obtain

consent,in time for he thing to be done with

benefit.(S.92)EXCUSABLE

4.Where death is caused justifiably,that is to say: a. By a person,who is bound,or by mistake of fact in good law.(S.76)

faith believes himself bound,by

f. Where death is caused in the exercise of right of private defense of person or property.(Ss100.103)JUSTIFIABLE ->Culpable homicide-S.299 of IPC:Whoever causes death by doing an act with the intention of causing death,or with the intention of causing such bodily injury as is likely to cause death,or with the knowledge that he is likely by such act to cause death,commits culpable homicide. 1. A lays sticks and turf over a pit,with the intention of there by causing death,or with the knowledge that death is likely to be thereby caused Z believing that the ground to be firm,tends on it,falls in and killed. A has committed the offence of culpable homicide.

2.A knows Z to be behind a bush. B does not know it. A,intending to cause,or knowing it to be likely to cause Z’s death,induced B to fire a bush. B fires and kills Z. Here B may be guilty of no offence but A has committed the offence of culpable homicide. ->Murder-S.300 of IPC:Except in the cases herein excepted,culpable homicide is murder, 1. if the act by which the death is caused is done with the intention of causing death. or 2. if it is done with the intention of causing bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or

3.if it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death Or 4.if the person committing the act knows that it so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such bodily injury as afore side.

EXCEPTIONS:(When culpable homicide is not murder) 1.If the offender,whilst deprived of the power of self control by grave and sudden provocation,causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. 2.If the offender in the exercise in good faith of the right of private defense of person or property, exceeds the power given to him by law and causes the death of person against whom he is exercising such right of defense without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defense.

3.If the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by a law,and causes death by doing an act which he,in good faith,believes to be l awful and necessary for due discharge of his duty as such public servant and without ill-will towards the person whose death is caused. 4. If it is committed without premeditation in a sudden fight in the heat of passion upon a quarrel and without the offender’s having taken undue advantage or acted in a cruel or unusual manner. 5. When the person whose death is caused, being above the age of 18 years, suffers death or taken risk of death with his own consent.

PUNISHMENTS 1. S.304- Culpable Homicide – Non bailable1. LI --> If intention of causing death 2. 10 years imprisonment -> If no intention 2. S. 304-A Causing Death by negligence not amounting to culpable homicide – Bailable – Imprisonment for 2 years. 3. S.302- Murder- Non bailable --> DEATH, LI and FINE 4. S.303- Murder by a person under sentence of imprisonment of life - Non Bailable -- DEATH.

DOWRY DEATH: S.304-B: 1. Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within 7 years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for , or in connection with,any demand for dowry, such death shall be called “ Dowry death” , and such husband or relative shall be deemed to have caused her death. 2. Whoever commits dowry death shall be punished with imprisonment for a term not less than 7 years but which may extend to imprisonment for life.

S. 306. Abetment of suicide: If any person commits suicide, whoever abets the commission of such, shall be punished with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.

S.498-A: Husband or relative of husband of a woman subjecting her to cruelty: Whoever, being husband or the relative of the husband of a woman subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to 3 years and shall also be liable to fine. EXPLANATION: For the purpose this section ‘cruelty’ means(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health ( whether mental or physical) of the woman; or (b) Harassment of the woman where such harassment is with view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her of any person related to her to meet such damand.

S. 113-A of I.E.A. Presumption as to abetment of suicide by a married woman: when the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of 7 years from her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case , that such suicide had been abetted by her husband or by such relative of her husband. S.113-B Presumption as to dowry death- When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty of harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death.