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causing grievous hurt.

prisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

weapons or means.

Volunta- 326. Whoever, except in the case provided by section 335, rilycausing

voluntarily causes grievous hurt by means of grievous

any

instrument hurt by

for shooting, stabbing or cutting, or any instrument which, dangerous used as a weapon of offence, is likely to cause death, or by

, means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal”, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and

shall also be liable to fine. Volunta- 327. Whoever voluntarily causes hurt for the purpose of hurt to ex extorting from the sufferer, or from any person interested in

the sufferer", any property or valuable security -, or of conperty or to compel straining the sufferer or any person interested in such sufferer to illegal to do anything which is illegal 5 or which may facilitate the

5 commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten

years, and shall also be liable to fine. Causing 328. Whoever administers to, or causes to be taken by, hurt by

any person any poison or any stupefying, intoxicating, or poison,&c. unwholesome drug or other thing?, with intent to cause hurt

to such person, or with intent to commit or to facilitate the commission of an offences, or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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329. Whoever voluntarily causes grievous hurt for the Voluntapurpose of extorting from the sufferer, or from any person ing grieva

causinterested in the sufferer, any property or valuable security, ous hurt to or of constraining the sufferer or any person interested in

perty or to such sufferer to do anything which is illegal, or which may

compel facilitate the commission of an offence ?, shall be punished with

illegal act. transportation for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

extort con

of pro

330. Whoever voluntarily causes hurt for the purpose of Voluntaextorting from the sufferer, or from any person interested in rily caus;

ing hurt to the sufferer, any confession or any information which may

fession, or lead to the detection of an offence 3 or misconduct, or for the

compel purpose of constraining the sufferer or any person interested restoration in the sufferer to restore or to cause the restoration of any perty. property or valuable security ’, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security , shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Illustrations. (a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.

(6) A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.

(c) A, a revenue officer, tortures 2 in order to compel him to pay certain arrears of revenue due from 2. A is guilty-of an offence under this section.

(d) 4, a zamíndár, tortures a ryot in order to compel him to pay his rent. A is guilty of an offence under this section.

331. Whoever voluntarily causes grievous hurt for the Voluntapurpose of extorting from the sufferer, or from any person ing griev

rily causinterested in the sufferer, any confession or any information ous hurt to extort con- which may lead to the detection of an offence 1 or misconduct,

toddy in one of the pots is drunk by, boiling oil for the purpose of eliciting and causes hurt to, B. 4 is guilty of a confession of witchcraft does not an offence under this section, 5 Bom. fall under this section (13 Suth. Cr. H. C., Cr. Ca. 59.

23); but it is immaterial whether the

offence or misconduct confessed has, Sec. 40, cl. 2.

or has not, been committed, 20 Suth. . Sec. 40, el. 2. The application of

i Sec. 30.

Cr. 41.

, or to compel or for the purpose of constraining the sufferer or any person restoration interested in the sufferer to restore or to cause the restoration of property.

of any property or valuable security ?, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security ?, shall be punished with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine. Volunta- 332. Whoever voluntarily causes hurt to any person being ing hurt to a public servant 3 in the discharge of his duty as such public deter pub- servant, or with intent to prevent or deter that person or any lic servant.

other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years,

or with fine, or with both. Volunta- 333. Whoever voluntarily causes grievous hurt to any ing griev. person being a public servant ' in the discharge of his duty as ous hurt to such public servant, or with intent to prevent or deter that deter public servant. person or any other public servant from discharging his duty

as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

334. Whoever voluntarily causes hurt on grave and sudden tarily causing hurt on

provocation, if he neither intends nor knows himself to be provoca- likely to cause hurt to any person other than the person who

gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both 4.

Volun

tion.

1 Sec. 40, cl. 2.

Sec. 30. 3 Sec. 21.

· Voluntarily causing hurt to Z on grave and sudden provocation, where 2 gave the provocation, is chargeable as an offence under this section, i Bom. H. C. 17. But where A, irri

tated by grave and sudden provocation received from B, voluntarily causes hurt to Z, A is chargeable under sec. 323 or 324.

As to trying offences under sec. 334 summarily, see Cr. P. C. sec. 261. They may be compounded, ibid. sec, 345

335. Whoever voluntarily causes grievous hurt on grave Causing and sudden provocation, if he neither intends nor knows hurt on

grievous himself to be likely to cause grievous hurt to any person provocaother than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.

Explanation.— The last two sections are subject to the same provisoes as Exception I, section 300 1. 336. Whoever does any act so rashly or negligently 2 as to Rashness

or negliendanger human life or the personal safety of others, shall be

gence enpunished with imprisonment of either description for a term dangering which may extend to three months, or with fine which may personal extend to two hundred and fifty rupees, or with both 3.

safety of 337. Whoever causes hurt to any person by doing any act Causing so rashly or negligently as to endanger human life, or the hurt by personal safety of others, shall be punished with imprisonment ness or of either description for a term which may extend to six negligence. months, or with fine which may extend to five hundred rupees, or with both 3.

life or

others.

such rash

338. Whoever causes grievous hurt to any person by doing Causing any act so rashly or negligently as to endanger human life, grievous or the personal safety of others, shall be punished with such rashimprisonment of either description for a term which may negligence. extend to two years, or with fine which may extend to one thousand rupees, or with both 3.

ness or

Wrongful Restraint and Wrongful Confinement. 339. Whoever voluntarily 4 obstructs 5 any person so as to Wrongful prevent that person from proceeding in any direction in which restraint.

.

offence under sec. 282, not sec. 336. As to trying summarily offences under Bec. 336, see Cr. P. C. 261.

4 Sec. 39.

1 Offences under this section may be compounded with the permission of the Court, Cr. P. C. sec. 345:

* As to rashness and negligence see note to sec. 304 A.

Sending a box or vessel containing dynamite or nitric acid (e. g.) by a carrier, without giving notice of its contents, may come within this section. But conveying passengers for hire in an unsafe ferry-boat is an

- A may obstruct B by causing it to appear to that other impossible, difficult, or dangerous to proceed, as well as by causing it actually to be impossible, difficult, or dangerous for B to proceed, M. & M. 301.

that person has a right to proceed, is said wrongfully to restrain that person.

Erception. The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.

Illustration. A obstructs a path along which 2 has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z?.

3.

3

Wrongful 340. Whoever wrongfully restrains any person in such a confinement. manner as to prevent that person from proceeding beyond

certain circumscribing limits, is said 'wrongfully to confine' that person

Illustrations. (a) A causes 2 to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines 2.

(6) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building.

A wrongfully confines Z. Punish- 341. Whoever wrongfully restrains any person shall be ment for wrongful punished with simple imprisonment for a term which may restraint. extend to one month, or with fine which may extend to five

hundred rupees, or with both 4. Punish- 342. Whoever wrongfully confines 5 any person shall be ment for wrongful

punished with imprisonment of either description for a term contine- which may extend to one year, or with fine which may

extend to one thousand rupees, or with both 6.

5

ment.

1 As to these ways see the Easements Act, V of 1882, infra.

2 Other illustrations are :

A illegally omits to take proper order with a furious buffalo in his possession, and thus voluntarily deters 2 from passing along a road along which Zhas a right to pass.

A threatens to set a savage dog at 2, if Z goes

a path along which 2 has a right to go. Z is thus prevented from going along that path.

In the last illustration, if the dog is not really savage, but A voluntarily causes B to think that it is savage

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