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causing

grievous hurt.

Volunta

rily causing grievous hurt by dangerous

means.

prisonment of either description for a term which may extend to seven years, and shall also be liable to fine 1.

any

326. Whoever, except in the case provided by section 335, voluntarily causes grievous hurt by means of instrument for shooting, stabbing or cutting, or any instrument which, weapons or 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 animal2, 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

rilycausing

hurt to ex

327. Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in tort prothe sufferer 3, 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 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.

act.

Causing hurt by

poison, &c.

328. Whoever administers to, or causes to be taken by, means of any person any poison or any stupefying, intoxicating, or 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 offence 8, 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 fine9.

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extort pro

perty or to

compel

329. Whoever voluntarily causes grievous hurt for the Voluntarily causpurpose of extorting from the sufferer, or from any person ing grievinterested in the sufferer, any property or valuable security 1, ous hurt to or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal, or which may illegal act. facilitate the commission of an offence 2, shall be punished with transportation for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

fession, or

compel

of pro

330. Whoever voluntarily causes hurt for the purpose of Voluntarily causextorting from the sufferer, or from any person interested in ing hurt to the sufferer, any confession or any information which may extort conlead to the detection of an offence 3 or misconduct, or for the 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 1, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security 1, 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) 4, 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.

(b) 4, 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 Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section.

(d) A, 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

toddy in one of the pots is drunk by,
and causes hurt to, B. A is guilty of
an offence under this section, 5 Bom.
H. C., Cr. Ca. 59.

1 Sec. 30.
* Sec. 40, cl. 2.
Sec. 40, cl. 2. The application of

boiling oil for the purpose of eliciting
a confession of witchcraft does not
fall under this section (13 Suth. Cr.
23); but it is immaterial whether the
offence or misconduct confessed has,
or has not, been committed, 20 Suth.
Cr. 41.

fession, or

extort con- which may lead to the detection of an offence1 or misconduct, 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 2, 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

lic servant.

332. Whoever voluntarily causes hurt to any person being rily causa public servant 3 in the discharge of his duty as such public ing hurt to deter pub- servant, or with intent to prevent or deter that 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 three years, or with fine, or with both.

Voluntarily caus

333. Whoever voluntarily causes grievous hurt to any ing griev- person being a public servant 3 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.

Volun

tion.

334. Whoever voluntarily causes hurt on grave and sudden tarily causprovocation, if he neither intends nor knows himself to be ing hurt on 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.

1 Sec. 40, cl. 2.

2 Sec. 30.

3 Sec. 21.

* Voluntarily causing hurt to Z on grave and sudden provocation, where Z 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.

grievous

tion.

335. Whoever voluntarily causes grievous hurt on grave Causing and sudden provocation, if he neither intends nor knows hurt on 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 1, section 300 1.

2

or negligence enlife or

336. Whoever does any act so rashly or negligently as to Rashness endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a which may extend to three months, or with fine which extend to two hundred and fifty rupees, or with both 3.

term dangering may personal safety of

others.

such rash

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 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.

grievous

with such rash

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

Wrongful Restraint and Wrongful Confinement.

ness or

may negligence.

339. Whoever voluntarily obstructs any person so as to Wrongful prevent that person from proceeding in any direction in which restraint.

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

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

• Sec. 39.

5 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.

Wrongful

confinement.

Punish

ment for

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

Exception. The obstruction of a private way1 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 Z 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.

340. Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said 'wrongfully to confine' that person 3.

Illustrations.

(a) A causes Z 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 Z.

(b) 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.

341. Whoever wrongfully restrains any person shall be 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

ment for

wrongful confinement.

342. Whoever wrongfully confines 5 any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both ".

1 As to these ways see the Ease-
ments 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
Z from passing along a road along
which Z has a right to pass.

A threatens to set a savage dog at
Z, if Z goes along a path along which
Z has a right to go.
Z is thus pre-
vented 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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