Chapter 16 OFFENCES AGAINST HUMAN BODY Negligence’ as criminal category and its juristic interpretation Sec. 304-A: Death of a person by rash or negligent act not amounting to culpable homicide punishable for a term upto 2 years/fine/both. Criminal Rashness is a hazardous act with the knowledge that it may cause injury, but without any intention to cause. Negligence is the omission to do something which a reasonable man would do or something which a reasonable man would not do.
Kidnapping and abduction (S. 359 - 363) Offence of kidnapping is an aggravated form of wrongful confinement, although it doesnot include the ‘offense’ of wrongful confinement per se. Sec. 359: Kidnapping 2 types: From India or From Lawful Guardian.
Sec. 360: From India – Conveying a person beyond the limits of India – Without the consent of that person or someone legally authorized to consent on behalf of that person. The offence would not be complete until the person actually reaches not only a foreign territory but to his destination as well.
Sec. 361: From Lawful Guardian – Enticing/Taking away of Minor/unsound mind person – Male under 16 years and female under 18 years – taking/enticing must be out of keeping of lawful guardian & without the consent of such guardian. Keeping: Includes times during which the minor is not actually physically with the guardian. Lawful guardian: Different from ‘legal guardian’: includes teachers, relatives etc. who have been entrusted with the care of the minor. Intention of the Kidnapper is Immaterial. Consent of the person kidnapped is immaterial. It is a substantive offense. Not a continuing offense. It is complete as soon as minor/unsound person is removed from lawful guardian. ‘Taking’ doesnot necessarily means by force, merely means to cause to go, to escort or to get
