HOMICIDE

DEFINITION
• Homicide is defined a killing of a human being by another human
being.
• It does not include killing of a foetus or killing of animals.
CLASSIFICATION OF HOMICIDE
1. LAWFUL – (i) Justifiable
(ii) Excusable
2. UNLAWFUL – (i) Culpable Homicide – [a] Amounting to murder
[b] Not amounting to murder
(ii) Rash or Negligient Homcide
(iii) Dowry Death
 LAWFUL HOMICIDE
• These are as per the law and therefore not punishable.
(i) JUSTIFIABLE :- Justified or sanctioned as per law.
(a) Capital punishment awarded by courts.
(b) Killing while suppressing riots.
(c) Killing while lawfully executing arrest of a person.

(ii) EXCUSABLE :- Homicide which is excused by law.

(a) By a child less than 7 years of age. [Sec. 82IPC]
(b) By an insane. [Sec. 84IPC]
(c) Homicide by one who is given intoxicant against his/her will.
(d) By one suffering from Delirium tremens.
(e) Killing during self defence. [Sec. 96-100IPC]
UNLAWFUL HOMICIDE
i. Culpable Homicide :- Culpable means chargeable, punishable.
Defn. – It refers to a homicide done with the intention of causing
death or with a knowledge that this act may lead to death.
It is of two types – (a) Culpable homicide amounting to murder.
(b) Culpable homicide not amounting to murder.
CULPABLE HOMICIDE - MURDER
• Culpable homicide is murder if –
(i) If the act by which death is caused is done with the intention of causing
death.
(ii) If it is done with the intention of causing such bodily injury which is
likely to cause death.
(iii) If the person committing the act knows that it is so dangerous that it
will cause death.
• For a homicide to be murder, there should be –
(i) Malice aforethought
(ii) Motive for killing.
(iii) Preparation for killing.
(iv) Execution of the plan.
(v) When caught, the accused puts forth an alibi.
• Punishment for murder is death or imprisonment for life and also fine.
[Sec. 302IPC]
CULPABLE HOMICIDE – NOT AMOUNTING TO MURDER

• Culpable Homicide does not amount to murder if –

(i) Under grave and sudden provocation.
(ii) In good faith during the defence of person or property.
(iii) For advancement of public justice.
(iv) Attacking or killing a person suffering from pathology of viscera.
OTHER TYPES OF HOMICIDE
• Rash or Negligent Homicide – Being rash while doing a lawful act and
causing death. Eg: Rash driving, Medical negligence, Death during sports
[Sec. 304A IPC]
• Dowry Deaths – When the death of a woman is caused by any burns or
bodily injury or occurs under abnormal circumstances within 7 years of
marriage and it is shown that before her death, she was subjected to
cruelty by her husband or other family members in connection with
demand for dowry.
Punishment is imprisonment upto 7 years under Sec. 304B IPC
• Dyadic Death – When a person kills someone and later commits suicide.
• Honour Killing – When killed because the victim brought disrepute to
family.
TORTURE
DEFINITION
• Torture is defined as the deliberate, systematic or wanton infliction of
physical or mental suffering by one or more persons acting alone or
on the orders of any authority to force another person to yield
information or make a confession.
• Torture is carried out by –
(i) Criminal and terrorist groups.
(ii) By the police or security personnel during interogation
OBJECTIVES OF TORTURE
• To obtain information.
• To sign a document confessing a crime.
• To take revenge against a person or his family members.
• To spread terror.
• To destroy the personality of individuals who raise their voices against
dictatorial rule.
• To obtain false evidence.
METHODS OF TORTURE
• Physical Abuse
• Mental Abuse
• Sexual Torture
• Pharmacological Torture
PHYSICAL ABUSE
• Beating – Most common form, can result in mechanical injuries, head
injuries, fracture. Beating on the soles is called ‘FALANGA’
• Burning – By flames, hot metals resulting in burn injuries.
• Electric current – Usually applied on genitals or other orifices.
• Pulling of Hair, Tongue, Teeth, Breasts and Genitals leads to pain and in turn
local injuries.
• Suspension from neck, arms wrist or ankles resulting in mechanical injuries.
• Asking to thorns or broken glass.
• Mutilation of Face or other body parts.
• Irritants applied to Eyes, Nose or other parts leading to chemical burns.
PHYSICAL ABUSE
• Asphyxial by suffocating, throttling causing petechial heammorhages.
• Submersion of head in dirty faecal water leading to contaminants
found in Respiratory system and GIT.
• Cold Torture – Asking him/her to lie or walk on ice.
• Ear Torture – Twisting the ear or slapping leading to bleeding or
deafening called ‘TELEPHANO’
MENTAL ABUSE
• Solitary confinement in a dark place.
• Blind-folding for a long time.
• Starving the victim causing mental anguish by giving false information
regarding his family.
• Keeping him in unhygienic conditions, naked, not allowing him to
sleep.
SEXUAL TORTURE
• Infliction of injuries to private parts.
• Introducing foreign bodies into the rectum or vagina.
• Mutilation of Breasts or Genitals.
• Raping the victim or undressing before others.
PHARMACOLOGICAL TORTURE
• Administration of various drugs such as
(i) Drugs to induce self disclosure.
(ii) Muscle relaxants.
(iii) Pain inducing drugs.
(iv) Giving drugs causing addiction and then denying the drug.
DOCTOR`s ROLE
• As per Tokyo Declaration of World Medical Assembly –
(i) A doctor shall not participate in practice of torture.
(ii) A doctor shall not provide the premises, instruments, substances
or knowledge for practice of torture.
(iii) A doctor shall not be present during the practice of torture.
(iv) A doctor must have complete independence in treatment of
his/her patients.
(v) A doctor is bound to alleviate the distress of his fellow men.
(vi) The WMA will support the doctor and his family in case of threats
resulting from refusal to participate in torture.
• All cases of torture should be reported to the Police.
CAUSES OF DEATH FROM WOUNDS
A. Immediate Cause :-
(1) Haemorrhage –
It means escape of blood from cardiovascular system.
It may occur at time of injury which is called ‘Primary haemorrhage’.
Secondary haemorrhage occurs from the same site but is delayed for
several hours after the injury.
Sudden loss of blood is more dangerous than the same quantity lost slowly.
Rapid loss of 1/3rd of the blood of body causes death.

(2) Mechanical Injury to a vital organ

CAUSES OF DEATH FROM WOUNDS
(3) Shock –
It is a circulatory disturbance characterised by persistant reduction of blood flow in
the peripheral vascular bed and inadequate perfusion of the tissues.
Types- (i) Haemorrhagic: This occurs when the blood loss is sufficient to impair
perfusion.
(ii) Traumatic: Most common type. Due to injury there is excessive blood loss
and loss of plasma.
(iii) Burn: Due to extensive burns there is loss of plasma, absorption of
necrotic tissue and bacterial sepsis.
(iv) Cardiac shock: It results from decreased cardiac output and deficient
delivery of oxygen to the tissues following injury to pumping mechanism.
(v) Septic Shock: It develops in case of severe infection.
(vi) Endotoxic Shock: It is seen in patients having Gram –ve infections.
Bacterial endotoxins induce intravascular coagulation.
CAUSES OF DEATH FROM WOUNDS
B. Remote Causes :-
Injury does not directly cause death though the victim may die after a varying period from
remote causes.
(1) Infections – Can be caused by organisms present on the body surfaces, organisms invading
the tissues from the environment or organisms which invade the wound after injury.
(2) Renal Failure follow trauma – It can occur due to ischemia or severe crushing of the
muscles which can lead to tubular necrosis.
(3) Neglect of Injured person.
(4) Surgical Operation.
(5) Natural Diseases.
(6) Thrombosis and Embolism – Thrombus and Embolus can lead to blockage of pulmonary
trunk leading to death within few minutes. Bullet wounds of the carotid arties may injure the intima
and thrombus may develop at the site of injury.
(7) Fat Embolism – Occurs due to fracture of long bones or injury to adipose tissue.
(8) Air Embolism – Occurs due to crush injuries of chest. 100ml of air in Respiratory tract is
fatal.
(9) DIC – It occurs due to trauma, infection and other events. Coagulation occurs within the blood
vessels and fibrin is consumed resulting in obstruction and leading to infarction and bleeding.
(10) ARDS
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